This chapter covers the most common legal issues that affect users of the internet, such as:
- Property rights over creative works, such as books, music, art, sound recordings, films or broadcasts. Generally only the copyright owner, or someone who has their permission, can reproduce, publish, copy, perform or broadcast the works.;
- To damage another person’s reputation by publishing or communicating false statements about them. The old common law distinction between libel (written and published defamation) and slander (spoken defamation) no longer has any legal significance.;
- harassment and stalking;
- privacy infringement;
- Under the Australian Consumer Law, a person who buys goods or services for less than $40 000 or for personal or home use. protection.
|internet Formal delivery of legal documents to a person to tell them there are court proceedings against them which they must defend, or to make sure a witness in a case knows when they have to go to court to give evidence. provider||ISP||A company that offers access to the internet|
|internet content host||ICH||Provides websites|
|internet protocol address||IP address||An IP address identifies the particular device that is connected to the internet. Every device that uses the internet has a unique IP address.|
|uniform resource locator||URL||A web address; also known as a domain name.|
|web server||The hardware and related software that are connected to the telecommunications network and form the internet. Web servers host websites; social media platforms, and can store data.|
What exactly is the internet?
The internet is a network of computers and similar devices that are linked together through the telecommunications network. No one owns the internet and it has no central location or administration.
The internet allows all connected devices to exchange and share data. Most users connect to the internet through an internet service provider.
Devices (e.g. smartphones, tablets and computers) that have a web browser installed allow the user to retrieve webpages that are located on a web server.
The three types of people or organisations involved in creating and providing content on the internet are:
- the content provider, who creates the Relevant or important. For example, material evidence is something that helps to prove an argument in a criminal case., which is then uploaded onto a website;
- the internet content host (ICH), who provides the website and has control over what is uploaded (i.e. published); cloud hosting services are a type of internet content hosting service that use multiple connected servers and enable greater accessibility than a single host server;
- the internet service provider (ISP), who supplies internet carriage services so that the material can be transmitted to individual computers, and then viewed and downloaded.
Legal issues relating to the internet: A summary
Legal issues relating to the internet can be divided into three main areas of internet use:
- Publishing information or providing content including text, sound, images and film (e.g. Internet Protocol Television, where television services are delivered using the internet instead of being delivered through free-to-air, satellite and pay, or cable platforms, or streaming platforms such as YouTube);
- Selling goods and services, known generally as e-commerce; and
- Communicating and networking via email and related services (e.g. Twitter, A general term for a family of transmission technologies for delivery of voice communications over the internet or other networks. (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.
Commonwealth Statutory rules made by parliament or by bodies the parliament delegates power to, for example a local council or a registration authority. See delegated legislation; statute.
Federal legislation relating to the internet includes:
- Broadcasting Services A written law made by parliament. Also called an ‘Act of parliament’, ‘statute’ or legislation. 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
- Telecommunications Act 1997.
Victorian legislation relating to the internet includes:
- Electronic Transactions (Victoria) Act 2000
- Australian Consumer Law and Fair Trading Act 2012
- Goods Act 1958
- Racial and Religious Tolerance Act 2001.
Laws of other Australian states and territories, and some overseas laws, may also be relevant.