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Australian government introduces Internet censorship laws
By John Neilson
11 June 1999
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In a serious attack on democratic rights, the Australian government
has introduced laws to filter and censor the Internet. The legislation,
already passed by the Senate and due to be endorsed in the House
of Representatives later this month, will see Australia join such
repressive regimes as China and Singapore in practicing Internet
censorship.
Although the government claims that the Broadcasting Services
Amendment (Online Services) Bill is a means of preventing access
by minors to violent and pornographic material, the Bill's preamble
is much broader. It states that the legislation aims "to
restrict access to certain Internet content that is likely to
cause offence to a reasonable adult."
Severely criticised by Internet Service Providers (ISPs), telecommunication
experts and civil liberty groups, the Bill provides for complaints
about Internet content to be referred to the Australian Broadcasting
Authority (ABA), which will investigate and act against ISPs hosting
offensive content. ISPs will be directed to remove
any banned content they host. If they fail to do so, or fail to
take "reasonable steps" to filter out such content hosted
abroad they can be fined $27,000 per day.
The ABA, the body responsible for regulating television and
radio content, will maintain a blacklist of sites that receive
a RC (Refused Classification) or X rating designation. Updated
lists will circulated among ISPs, which will be compelled to remove
and block these sites.
Under the new law, the Internet is considered an "online
service similar to other "broadcasting services"
and hence subject to the same laws as TV, radio and the print
media. One fundamental difference however exists between the two
services: whereas the traditional media are owned and operated
by a handful of wealthy proprietors, the Internet has turned anyone
with a personal computer and modem into a potential "broadcaster".
In effect, the thoughts and ideas of the population at large are
now subject to official censorship.
It remains to be seen what effect the law will have. The technical
capacity to censor the Internet is at best dubious. First of all,
the scheme relies on maintaining a blacklist of banned sites.
Presently there are an estimated 30 million sites worldwide, and
growing fast. The ABA will attempt to monitor them with the help
of an additional five staff. Secondly, there are numerous ways
to bypass filters.
It is not clear how ISPs will be expected to enforce the legislation.
The Act qualifies itself so that "public interest considerations
[can] be addressed in a way that does not impose unnecessary financial
and administrative burdens on Internet content hosts and Internet
service providers. It seems that ISPs will introduce filters
by way of a proxy server. A proxy server stores copies of every
web page accessed by users so that future requests for the same
page are downloaded from the ISP's own server rather than from
the site itself, via the Internet. This is the filtering method
employed in Singapore and China.
Electronic Frontiers Australia (EFA), one of the industry organisations
that has campaigned against the legislation, wrote in a submission
to the Senate Select Committee on Information Technologies last
April: "It will not achieve the claimed aim of protecting
children, but it will infringe adults' rights to freedom of speech
and the legislated principle in Australian law that adults should
be free to read, see and hear what they want."
The EFA has pointed out that the sheer number of Internet web
sites makes it virtually impossible to censor. Even if the government
censors 10,000 sites in its first year, this would represent only
0.1 percent of web content. According to the EFA, because of the
exponential increase in web sites, this would drop to 0.05 percent
in the second year, 0.025 percent in the third year and 0.01 percent
in the fourth year.
Businesses in general have been extremely critical. Ozemail,
which hosts more than 20 percent of Australia's Internet traffic,
has said it could not block overseas adult content. Other companies
have warned that compliance with the law will slow Internet speed
dramatically, hamper electronic business transactions, now estimated
globally at around $1.6 trillion annually, and end any possibility
of Australia becoming a hub for networking infrastructure in the
Asia-Pacific region.
The cost to ISPs is potentially enormous. Millions of dollars
will be required to establish proxy servers running filtering
software capable of transferring vast amounts of data. An Ozemail
vice president said filtering "requires special equipment,
and it's exceptionally expensive. ISP-level filtering is not technically
feasible or commercially viable on any widespread basis."
If enforced, the legislation will speed up the already substantial
market pressures on smaller ISPs, many of which could be forced
to close.
Why has the government proceeded despite these technical difficulties
and vocal opposition from IT businesses? One reason was to gain
the votes of Senator Brian Harradine, a right-wing Christian,
for the passage of the Howard government's Goods and Services
Tax (GST) and the further privatisation of Telstra, the telecommunications
carrier.
More fundamental questions are involved, however. Australia
has the second-highest per capita usage of the Internet in the
world, second only to the United States. The Internet is increasingly
seen as a media source in its own right, where people can turn
to for more independent sources of information than the TV and
daily press. This has created a problem for ruling layers, who
have relied on the mass media to direct and manipulate public
opinion. The full extent of damage inflicted by NATO bombs in
Yugoslavia might not be broadcast on TV, but it is detailed on
the Internet.
What the government fears is that ordinary people looking for
answers to growing social and political problems, will seek and
find on the Internet honest and accurate information and engage
in an international and democratic discussion. The legislation
demonstrates the lengths to which the government is prepared to
go to restrict freedom of expression.
See Also:
Australia: Media magnates call
for scrapping of ownership restrictions
[22 May 1999]
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