The Law Handbook 2024

Chapter 7.5: The internet and the law 733 Protocols (VoIP) like Skype), and via social networking sites (e.g. Facebook). These uses of the internet raise many legal issues including copyright, consumer protection, prohibited content, defamation and privacy. This chapter deals with the law from the perspective of an individual who uses the internet to find information, publish material, engage in e-commerce, and communicate with others. This chapter also offers guidance on managing children’s internet access. Relevant legislation Commonwealth legislation Federal legislation relating to the internet includes: • Broadcasting Services Act 1992 ; • Classification (Publications, Films and Computer Games) Act 1995 ; • Competition and Consumer Act 2010 ; • Copyright Act 1968 ; • Crimes Act 1914 ; • Electronic Transactions Act 1999 ; • Interactive Gambling Act 2001 ; • Privacy Act 1988 ; • Racial Discrimination Act 1975 ; • Spam Act 2003 ; • Online Safety Act 2021; • Telecommunications Act 1997. Victorian legislation Victorian legislation relating to the internet includes: • Electronic Transactions (Victoria) Act 2000 ; • Australian Consumer Law and Fair Trading Act 2012 ; • Defamation Act 2005 ; • Goods Act 1958 ; • Racial and Religious Tolerance Act 2001 . Laws of other Australian states and territories, and some overseas laws, may also be relevant. Copyright issues For more information, see Chapter 7.6: Copyright. Website design Various components of a website can be protected by copyright: the design and layout, the text, images, video and sound, and the underlying source code. To maintain control over the future development and operation of a website, rights should be obtained from the website developer/designer. This could be an assignment of copyright or a licence to make changes to the site as required and should be specifically dealt with in a written agreement. Apps Like a website, an app can have a number of components that can be protected by copyright (e.g. text, music). Copyright protects the way an app is expressed; it protects the expression of the specific set of instructions but not the function of the software, nor the underlying ideas. Computer programs Computer programs are protected by the Copyright Act 1968 (Cth) (‘ Copyright Act ’). The Act defines ‘computer program’ as a set of instructions; the Act also includes a computer program in the definition of a ‘literary work’. Using others’ material When using content that you do not own (i.e. that you have not created yourself), you should identify the copyright owner and ask their permission to use their content. In some cases, copyright collecting societies can grant a licence to use the material (see Chapter 7.6: Copyright). Content that can be protected by copyright includes text, graphics, photographs, animations, film, music, sound recordings, software and database material. Sometimes, you do not need to obtain permission to use others’ work; for instance when: • copyright has expired; • an exception applies (i.e. fair dealing); • you are not using a substantial part of the work; or • permission has already been granted by the copyright owner. It is also advisable to get the creator of copyright in the material (who may be different from the copyright owner) to consent to the way you want to use their material to avoid infringing their moral rights. For more information about moral rights, see ‘Moral rights and other copyright issues’ in Chapter 7.6: Copyright.