CensorshipThomas Morrissy and Sam Joiner

• Individual rights as determined by the government o Adults should be able to read see and hear what they wanto Minors should be protected from material likely to harm or

disturb themo Everyone should be protected from exposure to unsolicited

material that they find offensive; o The need to take account of community concerns about: o Depictions that condone or incite violence, particularly sexual

violence and the portrayal of a persons in a demeaning manner

Individual Rights

Individual Rights

• Laissez-faire approacho Individuals are capable of determining the

quality of internet content and the governments should not intervene in the 'marketplace of ideas'

• Interventionist approacho Government's' role is to ensure that the law

deals with online phenomenon like racial hatred and pornography

o This approach will involve: enacting legislation imposing obligations on ISPs strengthening enforcement agencies

Internet Censorship in Australia

• One of the strictest in the West

• Arguments for:o Protection of childreno Privacyo Makes the internet a safer and cleaner place

• Arguments against:o Internet Service Providers say that it can be

too easily bypassedo Enforcement too onerouso Filter may block material than has nothing to

do with the type of content that the law aims to fight

Mobile Censorship

• Australian Communications Authority guidelines: o Mobile phones with chat services were

to monitor all content o The ABA had been given the power to

remove all outlawed content or serviceso Phone companies were to check a

customer's age before making any content that would be classified MA15+ or R18+ available

Legislation

• Broadcasting Services Act 1992

• Allows the Australian Communications and Media Authority (ACMA) to ban content from Australia o Refused classification (or X18+)o R18+o MA15+

Legislation

• Howard government introduced a filtering scheme that was imposed on all Internet Service Providers (ISP)

• Labor Party proposed to extend censorship into a mandatory filtering that would ban potential refused content material

• Argued that it would not only block inappropriate material, it would also combat child pornagraphy

Future Directions

• In order to combat cyber crime, there must be enforceable laws

• Government provides public goods that enable individuals and businesses to use the interneto cable network and communication lawso criminal lawso laws governing property rightso enforcement agencies