The Law Handbook 2024

Chapter 7.5: The internet and the law 749 at a particular film festival, or made for scientific purposes. Other types of content may only be illegal if children can easily access them. R content is material that is not RC or X but is unsuitable for a minor to see. Accordingly, there must be a restricted access system to prevent access to the content by people under 18. If there is not, this material can also be the subject of a complaint. NOTE The Classification (Publications, Films and Computer Games) Act 1995 (Cth) was amended in 2012, bringing the classification system for computer games into line with the existing system for films and online content, and with international standards. The new classification was introduced on 1 January 2013 and allows adult computer gamers in Australia to access the full range of games with adult content. Offensive content Illegal and offensive online content is regulated by the Online Safety Act 2021 (Cth) through a complaints- based mechanism. The restrictions focus primarily on the distribution of intimate images, cyber-bullying, sexual violence and other illegal activities. Under the current National Classification Scheme, RC-rated material includes any material that depicts child sex abuse, bestiality, sexual violence and the detailed instruction of crime. ISPs and ICHs that become aware their service can be used to access child pornography or material related to child abuse must refer the material to the Australian Federal Police. It is illegal under the National Classification Scheme and related legislation to distribute, sell or make available for hire RC-rated films, computer games and publications. However, such measures are only effective when content is hosted in Australia. In relation to content hosted overseas that would be prohibited if it was classified in Australia, ISPs have a responsibility to follow the procedures set out in an industry Code of Practice (or in the absence of a code, an industry standard). This could involve blocking access or providing a notification system. Where to complain Since July 2015, complaints about objectionable internet content can be made to the Australian eSafety Commissioner (see ‘Contacts’ at the end of this chapter) (formerly complaints were made to ACMA). The Australian eSafety Commissioner is an independent statutory office created by the Enhancing Online Safety Act 2015 (Cth) (‘ EOS Act ’). Under the EOSAct, the commissioner administers an Online Content Scheme and also has the power to investigate serious cyber-bullying material aimed at a child. What happens to complaints? If the content is hosted in Australia and is prohibited or likely to be prohibited, the ICH is directed to remove the content from their service. Prohibited content is content that is or would be classified RC or X. In serious cases (e.g. involving child pornography), state or territory police are notified. If the illegal content is hosted outside Australia, the Australian Federal Police are notified by Interpol. All overseas-hosted content that is prohibited or potentially prohibited that is investigated, is referred to accredited providers of optional end-user (PC-based) family friendly filters in accordance with the industry codes of practice. What else can be done? Besides the complaints system, the shared effort to regulate internet content includes Codes of Practice developed by the Internet Industry Association (now managed by the Communications Alliance, see ‘More information’, below). While the codes are largely voluntary and self-regulated, ISPs and ICHs can be directed to comply with their responsibilities under the codes. Other information and advice sites are listed under ‘More information’, below. Filters, labels and safe zones Email and internet content provided in real-time (e.g. chat rooms, live audio or video streaming) are not generally covered by the classification procedures or the industry codes (Victoria is a partial exception, with racially or religiously vilifying email being illegal). Filters are programs that in some way block access to inappropriate material from websites, newsgroups, chat rooms and email. Filters can also restrict the results from search engines. Labelling tools help filters by creating lists of sites. ‘Black’ lists use the names of sites with offensive content to block access to them. ‘White’ lists block everything except inoffensive sites. Content-based