AUSTRALIA — New rules taking effect in January are designed to protect children from unsuitable content, but they also will prevent adults with Australian internet connections or mobile-phone service from accessing sexually explicit entertainment online.Promulgated by the Australian Communications and Media Authority, the new regulations arose from legislation passed in July 2007 and “for the first time implement a uniform approach for restricting access to MA15+ [suggestive or violent] and R18+ [softcore] content accessed through the internet or by mobile phones,” according to a statement issued by the ACMA. The ACMA indicated the regulations will bring internet classification into line with broadcast classification laws that have existed since 1992.
The Communications Legislation Amendment (Content Services) Act of 2007 inserts a new Schedule 7 into the Broadcasting Act of 1992 for the purpose of regulating all content services delivered via carriers regardless of platform. The law and associated regulations apply not only to stored and live content, but also to user-generated content, forums and chat rooms.
“The new Restricted Access Systems Declaration places obligations on all content service providers to check that individuals accessing restricted content provided in Australia are at least 15 years of age for MA15+ content or 18 years of age for R18+ content,” the ACMA statement said.
In addition, Schedule 7 also entirely prohibits the presentation of content rated for categories X18+ (sexually explicit) and RC (refused classification or banned for obscenity or violence). Providers of live content, link services and commercial content must include on their Web pages links that allow take-down, service-cessation and link-deletion notices and content complaints to be delivered directly from the pages bearing potentially offensive content.
The new rules go into effect January 20th, 2008.
“In developing these new content rules, ACMA was guided by its disposition to allow adults to continue to read, hear and see what they want, while protecting children from exposure to inappropriate content, regardless of the delivery mechanism,” ACMA Chairman Chris Chapman said in a prepared statement.
Still, by American standards, the regulations seem overly broad in barring adult access to content that is sexually explicit or may include BDSM components. Although the classification system is somewhat vague, according to Australia’s Office of Film and Literature Classification (OFLC) the X18+ rating includes all pornography, and the RC rating includes not only child pornography but also content that “depicts, expresses or otherwise deals with matters of sex, drug misuse or addiction, crime, cruelty, violence or revolting or abhorrent phenomena in such a way that they offend against the standards of morality, decency and propriety generally accepted by reasonable adults.” It is illegal even to possess RC content in Australia.
Under the new regulations, providers of all online content transmitted to Australia must have their services rated by the OFLC to determine whether they are likely to include material that must be rated or may be banned.
The new regulations do not apply to personal electronic communications or news and current affairs.
