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Internet censorship in Australia


Internet censorship in Australia currently consists of a regulatory regime under which the Australian Communications and Media Authority (ACMA) has the power to enforce content restrictions on Internet content hosted within Australia, and maintain a "black-list" of overseas websites which is then provided for use in filtering software. The restrictions focus primarily on child pornography, sexual violence, and other illegal activities, compiled as a result of a consumer complaints process. In 2009, the OpenNet Initiative found no evidence of Internet filtering in Australia, but due to legal restrictions ONI does not test for filtering of child pornography.

In October 2008, a policy extending Internet censorship to a system of mandatory filtering of overseas websites which are, or potentially would be, "refused classification" (RC) in Australia was proposed. Australia is classified as "under surveillance" by Reporters Without Borders due to the proposed legislation. If enacted, the legislation would require Internet service providers to block access to such content for all users. The proposal has generated substantial opposition, with a number of concerns being raised by opponents and only a few groups strongly in support. On 5 August 2010, the Coalition parties announced that they would not vote for the policy, making it virtually impossible for the filtering scheme to pass. In November 2010, the Department of Broadband, Communications and the Digital Economy (DBCDE) released a document indicating that the earliest date any new legislation could reach parliament was mid-2013.

In June 2011, two Australian ISPs, Telstra and Optus, confirmed they would voluntarily block access to a list of child abuse websites provided by the Australian Communications and Media Authority and more websites on a list compiled by unnamed international organisations from mid-year.

In November 2012, the former Labor Communications Minister, Stephen Conroy, withdrew his party's mandatory Internet filter. On the same day, the then Communications Minister stated that as a result of notices to the Australian largest ISPs, over 90% of Australians using Internet Services are going to have a web filter. Australian Federal Police will then pursue smaller ISPs and work with them to meeting their "obligation under Australian law". iiNet and Internode quietly confirmed that the request to block content from Australian Federal Police went from voluntary to mandatory under s313 in an existing law. iiNet had sought legal advice and accepted the s313 mandatory notice but would not reveal the legal advice publicly.


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