The
publication of a leaked list of prohibited URLs which are allegedly part of the
Australian Media and Communications Authority's secret list of 2,395 banned
websites, has been slammed by Communications minister Senator Stephen Conroy as
grossly irresponsible.
The list which was leaked this week by global whistle-blower site Wikileaks
claims to be derived from ACMA’s censorship list. The Australian government
plans to use this list as a basis for its mandatory ISP filtering scheme and
under the ACMA guidelines linking sites contained to the list can attract fines
of up to $11,000 a day.
The list leak, which includes Telstra’s Yellow Pages and YouTube as offending
sites, is a further blow to the Minister for Broadband, Communications and the
Digital Economy, Senator Stephen Conroy’s plans to block ISP content. Conroy
denied the authenticity of the list .
The leak and publication of prohibited URLs is grossly irresponsible. It
undermines efforts to improve cyber-safety and create a safe online environment
for children. No-one interested in cyber-safety would condone the leaking of
these addresses. I am aware of reports that a list of URLs has been placed on a
web site. This is not the ACMA blacklist, Conroy said.
He admitted however that there are some common URLs to those on the ACMA
blacklist. ACMA is currently investigating the incident and considering a range
of possible actions it may take including referral to the Australian Federal
Police. Conroy warned in a statement that any Australian involved in making
this content publicly available would be at serious risk of criminal
prosecution.
Hands off Wikileak's Sources
Based on
article
from
inquisitr.com
Wikileaks
has upped the ante in its skirmish with the Australia Government, warning that
any attempts to find the source of the leaked censorship list would cause an
international incident, and could see Australian Minister for censorship Stephen
Conroy indicted on criminal charges in Sweden.
Wikileaks issued a press release:
The Stockholm based publisher of Wikileaks today issued a
warning to the Australian Minister for Broadband, Communications and the Digital
Economy, Senator Steven Conroy, who is responsible for Australian internet
censorship.
Senator Conroy issued an official media release yesterday in response to
Wikileaks’ release of last year’s confidential Australian internet censorship
blacklist. The Senator said that his department, is investigating this matter
and is considering a range of possible actions it may take including referral to
the Australian Federal Police. Any Australian involved in making this content
publicly available would be at serious risk of criminal prosecution.
The Senator is perhaps unaware of the legal and diplomatic risks associated with
the statement.
Sunshine Press Legal Adviser Jay Lim stated: Under the
Swedish Constitution’s Press Freedom Act, the right of a confidential press
source to anonymity is protected, and criminal penalties apply to anyone acting
to breach that right.
Wikileaks source documents are received in Sweden and published from Sweden
so as to derive maximum benefit from this legal protection. Should the Senator
or anyone else attempt to discover our source we will refer the matter to the
Constitutional Police for prosecution, and, if necessary, ask that the Senator
and anyone else involved be extradited to face justice for breaching fundamental
rights.
ACMA admit to blocks on consensual adult hardcore
Based on
article
from
australia.to
They
explained that they have the remit to irresponsibly add adult hardcore and
betting sites etc to the censorship list.
The Australian Communications and Media Authority is aware that a list
purporting to be the ‘ACMA blacklist’ has been posted on an overseas website.
ACMA does not consider that the release and promotion of URLs relating to
illegal and highly offensive material is responsible.
The regulatory scheme for online content that has been administered by ACMA
since 2000. ACMA’s role is to investigate complaints and take such actions as
prescribed by the legislation on materials assessed to be prohibited or
potentially prohibited content.
The ACMA blacklist has at no stage been 2300 URLs in length and at August 2008
consisted of 1061 URLs. It is therefore completely inaccurate to say that the
list of 2300 URLs constitutes an ACMA blacklist.
ACMA considers that any publication of the ACMA blacklist would have a
substantial adverse effect on the effective administration of the regulatory
scheme which aims to prevent access to harmful and offensive online material.
Such publication would undermine the public interest outcomes which the current
legislation aims to achieve.
The following categories of online content are the categories that are
prohibited:
- Online content that is classified RC or X 18+. This includes real
depictions of actual sexual activity, child pornography, depictions of
bestiality, material containing excessive violence or sexual violence,
detailed instruction in crime, violence or drug use, and/or material
that advocates the doing of a terrorist act.
- Content which is classified R 18+ and not subject to a restricted
access system. This includes depictions of simulated sexual activity,
material containing strong, realistic violence and other material
dealing with intense adult themes.
- Content which is classified MA 15+, provided by a mobile premium
service or a service that provides audio or video content upon payment
of a fee, and not subject to a restricted access system. This includes
material containing strong depictions of nudity, implied sexual
activity, drug use or violence, very frequent or very strong coarse
language, and other material that is strong in impact.
ACMA’s current list of approximately 1100 URLs relating to prohibited content
and potential prohibited content hosted outside Australia includes material in
the following categories:
- depictions of child sexual abuse
- depictions of bestiality
- material containing excessive violence or sexual violence
- material containing detailed instruction in crime, violence or
drug use
- real depictions of actual sexual activity
- depictions of simulated sexual activity which are not subject to a
restricted access system.
Schedule 7 to the BSA also requires ACMA to investigate complaints about ‘links
services’ which are hosted in Australia and which lead to prohibited content. If
as a result of investigating such a complaint ACMA determines that a link
relates to potential prohibited content, ACMA is required to direct the provider
of the links service to remove the link, pending classification of the content
concerned by the Classification Board.
The Interactive Gambling Act 2001 makes it an offence to provide, or advertise,
certain interactive gambling services.
Prohibited internet gambling content is content that can be accessed, or is
available for access, by customers of a prohibited internet gambling service.
A prohibited internet gambling service is a gambling service provided in the
course of carrying on a business to customers using an internet carriage
service, and an individual physically present in Australia is capable of
becoming a customer of the service.
If ACMA receives a complaint about prohibited internet gambling content that is
hosted in Australia, ACMA will refer the matter to the Australian Federal
Police.
If prohibited internet gambling content is hosted outside Australia, ACMA will
notify the content to makers of the approved Family Friendly Filters listed in
Schedule 1 to the Interactive Gambling Act Industry code.
Google Illegal in Australia
Based on
article
from
inquisitr.com
Recent
action by the Australian Government may see Google and many other popular
websites banned in Australia under existing censorship laws.
Under the Communications Legislation Amendment (Content Services) Act 2007 sites
that link to content that is Refused Classification (RC) are considered
themselves to be RC, and if hosted in Australia, site owners can be ordered to
remove the link(s), or fined AU$11,000 a day.
If I was linking to XYZ blog, and XYZ blog was linking to ABC blog who had
linked to the leaked ACMA list, all the pages in the chain are illegal, because
each one links to prohibited content. Any site linking to me then becomes
illegal, and so on.
And Google links to them all!