Big Brother debacle triggers new Web rules

Australia's Internet Industry Association (IIA) has published a new code of practice for digital content providers, in a response to a Big Brother incident involving indecent exposure on the reality television show in 2006.

(Credit: Channel 10)

Live streamed content will now come with tighter scrutiny by the Australian Communications and Media Authority (ACMA) under the new Content Services Code. It will affect Australian content providers that distribute over the internet or across 3G mobile networks. The code was approved by ACMA on 10 July, 2008.

Live "non-news" content likely to attract a rating of RC, X18+, R18+ or MA15+ by ACMA is prohibited from live streaming under the code, which also outlines procedures for the regulator to "take down" services that contravene it.

Meanwhile, hosted or "non-live" content will need to be classified by either ACMA or a trained assessor, according to the ratings classification scheme.

According to John Hilvert, communications director of IIA, the new code provides ACMA and content providers with greater certainty in how to deal with content that may cause problems with the community, and to protect children.

"The issue that triggered this current code was the appalling "turkey slapping" incident on Big Brother," Hilvert told ZDNet.com.au. "The previous government felt that was an anomaly because, in that case, what was considered unsuitable for TV could be found on the website of Channel 10."

"Channel 10 was showing material which was not properly classified in the same way as it would have been for TV," Hilvert added.

At the time of the Big Brother incident, then Minister for Communications, Senator Helen Coonan, said that Schedule 5 of the Broadcasting Services Act inadequately regulated online content because it only covered material that has been recorded and then stored on servers.

The code also makes recommendations for chat services to implement protection measures for children, including amongst others, electronic filtering, human monitoring, vetting profile information and preventing profiles operated by under 18s from being searchable on the service.

The impact the code will have on the state of digital content remains to be seen, however, since online content providers hosting information outside Australia's jurisdiction will remain unaffected. For example, Facebook would be subject to US laws, said Hilvert.

However, said Hilvert: "It's a first step to gain a more international approach. For example, the UK and many European countries are providing similar codes."

Meanwhile, Minister for Broadband, Communications and the Digital Economy, Senator Stephen Conroy has claimed ownership for the code's making. "This is the first industry code under the new Schedule 7 of the Broadcasting Services Act, which commenced in January 2008," Senator Conroy said in a statement today.

"The code is an important part of the co-regulatory approach intended by Schedule 7, and is part of the Government broader strategy to promote online safety for Australians," he added.

"Industry, government and community will be watching to see how the code works out in practice," said IIA's Hilvert.

A copy of the code can be downloaded from IIA's website.

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