Australian Internet Censorship Laws

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The internet censorship regime was implemented in relatively recent years and has been the topic of many heated debates. The Australian internet censorship regime is comprised of both law and regulation. These are implemented at both commonwealth and State and Territory level. This is because the Constitution does not have the power to issue this regime independently.

The Commonwealth part of this regime applies to the any “objectionable” material or anything that is deemed unsuitable for children. If there is anything on the internet that falls into these two categories the sites will be issued with a “Take Down” notice. This will be issued by the government regulator OFLC. They will be given a time frame in which they are to remove the content.

The State and Territorial side of this regime then tag team with the Commonwealth and can prosecute the providers or creators of the “objectionable” material. The procedures however vary from state to state and territory to territory.

The Censorship regarding the internet has raised many questions about the restrictions and the impact that these have on free speech. In relation to any other parts of the western worlds, the internet censorship laws are the most restrictive. They operate in secrecy and withhold some information about how categories are judged. This has raised more that a few eyebrows with not only activists, but also the general public.

Having it in the law that the internet is restricted, filtered and monitored, creates some issues with the people who brought this regime in.

The Australian internet censorship laws consist of two filters. One of which is mandatory and prevents any “Unwanted” material to be viewed by the general public, along with filtering any illegal material as decreed by the internet laws. These laws are comprised of: The Protection of Children Act, 1978; Civil Government Act, 1982; Sexual Offences Act, 2003; Memorandum of Understanding, 2003.

No one is questioning the filter preventing the illegal content coming through; in fact this can only be a positive thing helping to squash such internet sites. The public, however, have an issue with the “Unwanted” aspect of the legislation. This has never been defined by the Telecommunications Minister and this dictates what the filter prevents the country from seeing. However there was no survey or vote taken place as to what the general public feel is “Unwanted”.

The law is there to safe guard the vulnerable and young, and ministers argue that it has been successful in this, although there is yet to be any formal evidence of this.

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