The levels and definitions of prohibited content are as follows:
1. R18: Contains material that is likely to be disturbing to those under 18. This content
is not prohibited on domestic hosting sites if there is an age-verification system certified by the ACMA in place.
2. X18: Contains nonviolent sexually explicit content between consenting adults. This
content may be subject to ACMA takedown provisions if hosted on domestic servers.
3. RC: Contains content that is Refused Classification (child pornography, fetish,
detailed instruction on crime, etc.) and is prohibited on Australian-hosted Web sites. 9
The classification system chosen for Internet content is the more restrictive standard
used for films, rather than the publications classification. As a result, some content
allowable offline is banned when brought online. 10
Once the determination has been made that content hosted within Australia is prohibited, the ACMA issues a takedown notice to the Internet content provider (ICP). It
is not illegal for the ICP to host prohibited content, but legal action could be taken
against it by the government if it does not comply with the takedown notice.
For offensive content hosted outside of Australia, the ACMA itself determines
whether content is prohibited and notifies a list of certified Web-filter manufacturers
to include the prohibited Web sites in their filters. 11 To obtain certification, these certified ‘‘Family Friendly Filters’’ must agree to keep lists of prohibited sites confidential. 12
Providers are then required to offer a Family Friendly Filter to all their customers,
though customers are not required to accept them. 13 As a result, content taken down
in Australia could be posted outside the country and still be accessible to the majority
of Australian Internet users. Electronic Frontiers Australia, a nonprofit group dedicated
to protecting online freedoms, reports that at least one Web site taken down has
moved to the United States, even keeping its URL under the ‘‘.au’’ domain. It is not
known how many Web sites have moved overseas in this fashion. 14
States and territories in Australia have instituted a variety of laws that criminalize the
downloading of illegal content and the distribution of content that is ‘‘objectionable’’
or ‘‘unsuitable for minors.’’ 15 The state of Victoria, for example, in Section 57 of its
Classification (Publication, Films and Computer Games) (Enforcement) Act 1995,
makes it illegal to ‘‘use an on-line information service to publish or transmit, or make
available for transmission, objectionable material.’’ 16 There is no uniformity between
the states, however. In Western Australia, for example, it is not illegal to distribute
R18 and X18 to adults online (though the ACMA can still issue takedown notices),
but the possession of any RC content (not just child pornography, as is the case in
other states) is illegal. 17
In March 2007, all mainland states in Australia banned access to YouTube over
school networks because of an uploaded video depicting a 17-year-old Australian girl
Australia and New Zealand Overview
393
1. R18: Contains material that is likely to be disturbing to those under 18. This content
is not prohibited on domestic hosting sites if there is an age-verification system certified by the ACMA in place.
2. X18: Contains nonviolent sexually explicit content between consenting adults. This
content may be subject to ACMA takedown provisions if hosted on domestic servers.
3. RC: Contains content that is Refused Classification (child pornography, fetish,
detailed instruction on crime, etc.) and is prohibited on Australian-hosted Web sites. 9
The classification system chosen for Internet content is the more restrictive standard
used for films, rather than the publications classification. As a result, some content
allowable offline is banned when brought online. 10
Once the determination has been made that content hosted within Australia is prohibited, the ACMA issues a takedown notice to the Internet content provider (ICP). It
is not illegal for the ICP to host prohibited content, but legal action could be taken
against it by the government if it does not comply with the takedown notice.
For offensive content hosted outside of Australia, the ACMA itself determines
whether content is prohibited and notifies a list of certified Web-filter manufacturers
to include the prohibited Web sites in their filters. 11 To obtain certification, these certified ‘‘Family Friendly Filters’’ must agree to keep lists of prohibited sites confidential. 12
Providers are then required to offer a Family Friendly Filter to all their customers,
though customers are not required to accept them. 13 As a result, content taken down
in Australia could be posted outside the country and still be accessible to the majority
of Australian Internet users. Electronic Frontiers Australia, a nonprofit group dedicated
to protecting online freedoms, reports that at least one Web site taken down has
moved to the United States, even keeping its URL under the ‘‘.au’’ domain. It is not
known how many Web sites have moved overseas in this fashion. 14
States and territories in Australia have instituted a variety of laws that criminalize the
downloading of illegal content and the distribution of content that is ‘‘objectionable’’
or ‘‘unsuitable for minors.’’ 15 The state of Victoria, for example, in Section 57 of its
Classification (Publication, Films and Computer Games) (Enforcement) Act 1995,
makes it illegal to ‘‘use an on-line information service to publish or transmit, or make
available for transmission, objectionable material.’’ 16 There is no uniformity between
the states, however. In Western Australia, for example, it is not illegal to distribute
R18 and X18 to adults online (though the ACMA can still issue takedown notices),
but the possession of any RC content (not just child pornography, as is the case in
other states) is illegal. 17
In March 2007, all mainland states in Australia banned access to YouTube over
school networks because of an uploaded video depicting a 17-year-old Australian girl
Australia and New Zealand Overview
393