This article answers the following questions:
* How can I regulate access to on the internet from my computer?
* What can I do if I find something offensive on the internet?
1. Regulating Access to Undesirable Information
A filter is a piece of software that restricts the content that can be downloaded while someone is surfing the internet. Filters can be installed on individual computers. These include programs such as NetNanny and CyberSitter. Content filters are also used by Internet Service Providers on their servers. End-users may subscribe to these “filtered services”.
There are three main types of filtering technologies:
Inclusive Filtering
These products work on the basis of “white lists” and only allow the end-user to access pre-approved sites. These types of filter are quite restrictive and are designed for use by young children.
Exclusion Filtering
These products work on the basis of “black lists” and block access to specific sites known to contain offensive content.
Content analysis
These products filter out content containing specific words or graphics (eg large proportions of flesh colour). This type of filter may block access to non-offensive material because it does not take into account the context in which the word is used. So for example, a site on breast cancer may be blocked because the filter detects the word “breast”. The newer versions of content analysis filters attempt to take context into account by filtering out phrases (such as “big breasts”).
Many products use a combination of exclusion filtering and content analysis technology.
A problem shared by many filters is that their underlying lists of web sites are not made available to the user because of their commercial value. This means that purchasers are unaware of exactly what sites are blocked. This can be significant where the personal values and sensibilities of the user differ from those used to instruct the filter software.
Most filters have password options that enable users to turn the filter off and surf the internet in an unrestricted manner.
A list of approved filters is contained in Schedule 1 of the Internet Industry Association (IIA) Codes of Practice (Codes). Filters are approved by the Australian Broadcasting Authority (ABA) in consultation with the IIA. To be approved, filters must meet the following criteria:
* ease of installation (where applicable);
* ease of use;
* configurability;
* ability to be updated as required by the ABA; and
* availability of support.
ISPs offering approved filters to their subscribers may display the Ladybird Logo. For details see the IIA’s website at www.iia.net.au.
Another source of information is the NetAlert web site at http://www.netalert.net.au. NetAlert is a community advisory body established by the Federal Government. Its role is to educate and inform the public about managing access to offensive internet content.
2. Making a Complaint about Offensive Internet Content
Making a complaint
If you come across offensive content on the internet, you can report it to the ABA. You can do this by writing to the ABA or via its online complaints form.
The ABA must investigate all complaints except those it considers frivolous, misguided or designed to undermine the scheme.
The ABA will take action if it is satisfied that the content is prohibited content or potential prohibited content.
What is prohibited content?
The meaning of prohibited content differs depending on where the content is hosted.
For content hosted in Australia, the term includes material that has been refused classification (RC) or classified X or that is classified R where there is no restricted access system (RAS) in place. A RAS is an online age-verification system designed to prevent minors from accessing R-rated content. Minimum requirements for RAS’s are set out in the ABA’s Restricted Access Systems Declaration 1999 (No. 1) .
For content hosted outside of Australia, the term “prohibited content” includes material that is classified X or RC. It does not include R-rated content.
Potential prohibited content is content that has not been classified, but which the ABA is satisfied would most likely be prohibited content if it were classified by the Office of Film and Literature Classification (OFLC) Board.
What happens if the ABA forms the view that the material complained of is prohibited content or potential prohibited content?
Again, this will depend on where the content is hosted.
If the content is hosted in Australia, and the ABA is satisfied that it is prohibited content, the ABA will issue the internet content host with a final take-down notice requiring the material to be removed by 6.00 pm the next business day.
If the content is hosted in Australia and the ABA is satisfied that it is potential prohibited content, the ABA will refer it to the OFLC for classification. In the case of content which is classified X or RC, the ABA will also issue the Internet Content Host with an interim take-down notice requiring it to cease hosting the material by 6.00 pm the next business day, pending the OFLC’s decision. If the OFLC determines that the material is prohibited content, a final take-down notice will be issued by the ABA.
A final take-down notice issued in relation to R-rated material will be withdrawn once a RAS is in place.
If the content is hosted outside Australia, and the ABA is satisfied that it is prohibited content, the ABA will notify the suppliers of approved filters. The suppliers will then update the filters to block the relevant content. The ABA will also notify the ISP industry. Under the Code, ISPs are then required to offer their subscribers updated filters.
If necessary, the ABA will also refer the content to the police.
Finalisation of complaints
The ABA must advise you of the outcome of your complaint. Importantly, you cannot be sued for making a complaint, provided the complaint was made in good faith.
For more information see the Online Content Regulation Facts Sheet.
Other relevant Articles on this site:
Other ISP liability
Terms and conditions of website
Other relevant Fact Sheets:
Jurisdiction
Online Content Regulation
End Notes