In an action deemed ridiculous, the South Australia government has announced it will enforce new laws for content on the Internet. Opponents say it could spell jail for anyone who unwittingly uploads material deemed 'offensive'.
"[The Bill] proposes to criminalise people who upload content on the Internet that is rated 'R'. We're talking about being locked up in jail," Electronic Frontiers Association member Irene Graham told ZDNet.
"I can't believe a democracy is doing this, it's ridiculous," Graham said.
The EFA made a number of recommendations that changes be made to the draft model legislation sent out in August last year, "which had serious unintended consequences."
The new Internet content laws will hold users criminally liable if they access classified content and upload it, according to a statement issued by the South Australian Attorney General Trevor Griffin.
However, the EFA claims details of Web sites banned in Australia are not accessible from either the Australian Broadcasting Authority (ABA) or the Office of Film & Literature Classification (OFLC).
"We are saying if you are going to criminalise people, they have to know what is permitted or not. There is no access to this information, and those banned sites in Australia can be taken up overseas, [and still be accessed on the Net here]" Graham said.
The new laws restricting access to offensive material on the Internet in South Australia are specifically for classifications rated R, X or RC. These include child pornography Web sites and sites inciting criminal activity.
However, according to Graham, it could also include web sites that hold discussions on topics considered harmful to children.
"It seems the government is trying to regulate the Internet in the same way as the film industry has been regulated," Graham said.
"We're not dealing with a dozen film distribution houses, we're dealing with millions of Australians."
Furthermore, according to the Attorney General's statement, an individual can report offensive material on the Internet to the ABA, which would then pass the matter on to the police for prosecution, which Graham believes, "opens up the potential for victimisation of people - as anybody can complain."
"I'm not aware of any legislation in a western democracy that criminalises [users or content providers] in the manner intended here," Graham said.
The legislation being introduced in South Australia will most likely follow in other states of Australia according to Graham.
The legislation will soon be introduced into the state parliament.
