NEW MEASURES TO MAKE INTERNET AND MOBILE USE SAFER

13 May 2004
62/04

Today, I have directed the Australian Communications Authority (ACA) to put in place new measures to protect mobile phone users from offensive content and to restrict access to adult services available on premium mobile services.

These new measures will help to make access to the Internet and mobile communications services safer and more enjoyable for all Australians, particularly children.

In addition, I have tabled in Parliament the findings of the Review of the Operation of Schedule 5 of the Broadcasting Services Act 1992, relating to online content.

And, in response to findings from that review, I have asked the Department of Communications, Information Technology and the Arts (DCITA) to undertake a further review of the regulation of content delivered to convergent mobile communications devices, such as 3G mobiles.

Under my direction, the ACA will regulate access to content provided on new premium services delivered over mobile phones, putting in place access controls for adult content delivered on the new premium rate 19x range and on proprietary networks operated by carriers. These controls will restrict access by children to adult content.

The access controls will cover SMS or text content which is of an adult nature, as well as MMS and other audiovisual content classified MA or R. Content which is classified X or which is refused classification will be prohibited on new premium services.

Telecommunications carriers and content providers wishing to provide adult content services on the new 19x range will only be able to do so on specific numbers determined by the ACA. I have asked the ACA to include in its report advice on credit management issues which specifically relate to new premium services.

The review of the Online Content Co-regulatory Scheme found that, while some types of server level filtering are technically possible, mandating them would be excessively onerous and limit filter performance. It also found that Internet safety would be improved by more active promotion of filtering technologies by Australian Internet service providers (ISPs).

As part of its further review of the regulation of content delivered to convergent mobile communications devices, such as 3G mobiles, DCITA will issue a discussion paper shortly and invite submissions from stakeholders.

While audiovisual services delivered to these sorts of convergent devices are not yet widely used in Australia, the Government is taking a proactive approach to protecting the interests of consumers, especially children.

A list of the key findings of the online content review report is attached. The report and terms of reference for the new convergent content review are available at www.dcita.gov.au through the 'Consultation' link.

BACKGROUNDER

The review of the Online Content Co-regulatory Scheme was required under clause 95 of Schedule 5 to the Broadcasting Services Act 1992 (BSA). The scheme was introduced on
1 January 2000 in response to community concerns about the nature of some online material and its accessibility.

The BSA requires the review to take into account developments in filtering technologies and assess whether it is feasible for these technologies to filter R-rated overseas-hosted content that is not subject to a restricted access system. The review also examined Australian Government community education initiatives under the scheme.

The Department of Communications, Information Technology and the Arts (DCITA) received 26 submissions in response to an issues paper released in September 2002. The majority of submissions expressed clear support for the scheme.

Key findings of the review include:

• That it is no more practical than it was at the commencement of the Online Content Scheme to use complex 'analysis' filtering technologies at the server level. Analysis filtering techniques are more practical in PC-based products;

• While technically possible, a requirement for ISPs to implement URL/IP based filtering at the server level would be excessively onerous and the performance of the filtering limited;

• Internet safety would be improved by more active promotion of filtering technologies by Australian ISPs. Options considered in the report include greater promotion of filtering to subscribers and/or requiring ISPs to provide filtering services on an 'opt-out' basis;

• The Australian Broadcasting Authority (ABA) and NetAlert should undertake further research into filtering technologies and promote this research to the community;

• Education of children and carers about 'stranger danger' in Internet chat rooms should continue;

• The ABA's referral of child pornography to overseas Internet hotlines is an important means of responding to some forms of illegal content not sourced from Australia;

• There should be greater promotion of the ABA complaints process about offensive Internet content referenced or linked in spam email;

• Internet industry should amend its codes to not host newsgroups known to regularly contain paedophile material and the industry codes should be reviewed every three years to address technological and market developments;

• A revised industry code should address the delivery of Internet content on mobile devices and promote greater cooperation between ISPs and relevant law enforcement agencies, in particular in relation to investigations into potentially criminal behaviour in chatrooms; and

• There is a need for appropriate protections for minors as adult content is made available via convergent mobile communications devices and further considerations required about whether additional regulatory arrangements are necessary for such new and emerging services.

Media Contact: Carina Tan-Van Baren (02) 6277 7480 or 0439 425 373