childporn book1-11 - ECPAT International
childporn book1-11 - ECPAT International
childporn book1-11 - ECPAT International
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ISPs:<br />
Make sure that your local ISPs have a Code of Conduct about child pornography. Encourage<br />
your local ISPs to cooperate with the police and with each other on this issue.<br />
AUSTRALIA<br />
Australia recently passed the Broadcasting Services Amendment (Online Services) Bill 1999 1 , which<br />
clarifies the responsibilities of the ISPs relating to prohibited content. The Act excludes ordinary<br />
email and chat services. �or purposes of controlling child pornography, a child is defined as a<br />
person who is or looks like a person under 16 years. 2<br />
The Bill came into effect on January 1, 2000, and faced strong criticism in Australia, since it does<br />
not only cover illegal content, but also offensive and X-rated material. This law does not make ISPs<br />
legally responsible for content hosted on their servers, unless they fail to remove the content once<br />
they become aware of it. Not knowing about illegal content hosted on their servers does not create<br />
criminal liability.<br />
Individuals can issue complaints to the Australian Broadcasting Authority (ABA) about content on<br />
the Internet via their web site or via fax, letter or phone. ABA will then give a notice to the ISP or<br />
the content provider, provided it considers the content to be prohibited (this judgment is made<br />
based on a law relating to conventional media). The ISP has to remove or block the access to the<br />
content in a given time from the notice. If the content originates from abroad, the ISPs have to take<br />
“reasonable steps” based on their code of Conduct to block access. The Australian police are notified<br />
of the content in order to inform the relevant authorities abroad.<br />
Hotlines:<br />
Support your local Hotline (See the list on page 49) or encourage the establishment of a<br />
national specialist Hotline. Maybe your local ISPs would do this.<br />
If necessary, set up your own Hotline. Encourage networking between Hotlines.<br />
In any event, REPORT THE PRESENCE O� CHILD PORNOGRAPHY to the appropriate<br />
authorities.<br />
1 For the complete text of the bill, see http://scaleplus.law.gov.au/html/comact/10/6005/top.htm.<br />
2 Approaches to Establishing New Hotlines - An Australian Perspective, Gareth Grainger, <strong>International</strong><br />
Conference Combating Child Pornography on the Internet, Vienna. 29 September-1 October, 1999.<br />
40 Protecting Children Online