Civil liberties group Electronic Frontiers Australia (EFA) has criticised the way in which the Australian Broadcasting Authority (ABA) and the Federal Government are attempting to ban child pornography on the Internet.
"We're not saying [child pornography] shouldn't be banned. There is just no evidence this regime is doing what if is supposed to be doing. We believe these sites are still there," EFA Executive Director Irene Graham told ZDNet Australia.
The EFA criticism is centred around a report released this week by the ABA on Internet content regulation, which was tabled to Parliament by the Minister for Communications, Information Technology and the Arts, Senator Richard Alston.
According to the report, the ABA referred 150 cases of child pornography material found on the Internet to police for investigation, 45 Web site were Australian.
The EFA says there is a serious question as to whether the material referred to the police for investigation is actually considered child pornography.
"It's very easy to say we've referred these sites to the police, but is it the sort of material police will act on. Is it fantasy material or serious child sexual abuse material?" Grahame said.
The Federal Government introduced the Broadcasting Services (Online Services) Amendment Act, on 1 January 2000 to address the nature and accessibility of online content.
Graham believes it was unnecessary to introduce the co-regulatory scheme, as Web sites possessing offensive material could be prosecuted under each state's Crime Act.
"Before the Act, it was illegal under the Crimes Act in all states to possess or distribute child pornography,
"The ABA and the government are claiming we needed this act to ban child pornography," she said.
Furthermore, Graham believes it is possible the ABA is just referring to "fantasy-type" material, which the police do not act on because its not illegal under the states Crimes Act.
There have been very few reports of police prosecuting child pornography Web sites during the past 12 months, according to EFA, which Graham believes further supports its claims that the legislation is not working.
"Basically, it looks like the ABA is saying we've referred sites to the police, but what they're not saying is what have the police have done [in response].
"Either the police are very slow to act, or the material is not illegal."
"They are trying to give public impression that the law which has been implemented is safe for our children. The ABA and government are here to protect us. But are they making a difference?"
my question is not in response to the article but I cannot find a site to answer this question, if you can help me...I received a beautiful artful display of photos re: body art (mostly face art) am am not sure if it falls in the catagory of innapropriate and or child porn...the site is Les tribus de l'omo..from Kenya..hope you can find it and help..