Broadcasting Services Amendment (Online Services) Act 1999
No. 90, 1999
An Act to amend the Broadcasting Services Act 1992, and for other purposes
Contents
1 Short title...................................
2 Commencement...............................
3 Schedule(s)..................................
Schedule 1—Amendment of the Broadcasting Services Act 1992
Schedule 2—Amendment of the Crimes Act 1914
Broadcasting Services Amendment (Online Services) Act 1999
No. 90, 1999
An Act to amend the Broadcasting Services Act 1992, and for other purposes
[Assented to 16 July 1999]
The Parliament of Australia enacts:
1 Short title
This Act may be cited as the Broadcasting Services Amendment (Online Services) Act 1999.
2 Commencement
This Act commences on the day on which it receives the Royal Assent.
3 Schedule(s)
Each Act that is specified in a Schedule to this Act is amended or repealed as set out in the applicable items in the Schedule concerned, and any other item in a Schedule to this Act has effect according to its terms.
Schedule 1—Amendment of the Broadcasting Services Act 1992
1 Title
After “broadcasting services”, insert “and online services”.
2 At the end of section 3
Add:
; and (k) to provide a means for addressing complaints about certain Internet content; and
(l) to restrict access to certain Internet content that is likely to cause offence to a reasonable adult; and
(m) to protect children from exposure to Internet content that is unsuitable for children.
(2) In this section:
Internet content has the same meaning as in Schedule 5.
3 Subsection 4(1)
After “broadcasting services” (wherever occurring), insert “and Internet services”.
4 At the end of section 4
Add:
(3) The Parliament also intends that Internet content hosted in Australia, and Internet carriage services supplied to end‑users in Australia, be regulated in a manner that:
(a) enables public interest considerations to be addressed in a way that does not impose unnecessary financial and administrative burdens on Internet content hosts and Internet service providers; and
(b) will readily accommodate technological change; and
(c) encourages:
(i) the development of Internet technologies and their application; and
(ii) the provision of services made practicable by those technologies to the Australian community; and
(iii) the supply of Internet carriage services at performance standards that reasonably meet the social, industrial and commercial needs of the Australian community.
(4) In this section:
Internet carriage service has the same meaning as in Schedule 5.
Internet content has the same meaning as in Schedule 5.
Internet content host has the same meaning as in Schedule 5.
Internet service provider has the same meaning as in Schedule 5.
5 Paragraph 5(1)(a)
After “broadcasting industry”, insert “and the Internet industry”.
6 At the end of section 5
Add:
(3) This section does not, by implication, limit the functions and powers of:
(a) the Australian Communications Authority; or
(b) the Australian Competition and Consumer Commission; or
(c) any other body or person who has regulatory responsibilities in relation to the Internet industry.
7 After section…
Overview
The Broadcasting Services Amendment (Online Services) Act 1999 was enacted by the Parliament of Australia to address the need for a regulatory framework governing Internet content and services within Australia. The Act amends the Broadcasting Services Act 1992 to extend its scope to include online services, aiming to provide a means for addressing complaints about certain Internet content, restricting access to content likely to cause offence to a reasonable adult, and protecting children from exposure to unsuitable content. The policy objective of the Act is to enable the regulation of Internet content and services in a manner that accommodates technological change, encourages the development and provision of Internet technologies, and meets the social, industrial, and commercial needs of the Australian community without imposing unnecessary burdens on Internet content hosts and service providers. The Act also seeks to ensure that State and Territory laws and other legislative measures operate concurrently with its provisions.
Scope and Application
The Broadcasting Services Amendment (Online Services) Act 1999 amends the Broadcasting Services Act 1992 to extend its scope to cover online services, including Internet content and carriage services. The Act applies to entities such as Internet service providers and Internet content hosts that supply or host content in Australia or to Australian end-users. It also addresses Internet content hosted outside Australia that is accessible to Australian end-users. The Act does not apply to producers of content or individuals who upload or access content, as these are subject to state/territory laws and other federal statutes. The Act sets out a framework for regulating Internet content through the Australian Broadcasting Authority (ABA), including provisions for classification, complaint mechanisms, and enforcement actions such as take-down notices. The Australian Communications Authority, the Australian Competition and Consumer Commission, and other regulatory bodies retain their existing functions and powers in relation to the Internet industry. The Act also includes provisions for industry codes and standards, developed by industry representatives or determined by the ABA, which regulate various aspects of Internet activities. The Act allows for the Australian Broadcasting Authority to make online provider determinations that set rules for Internet service providers and content hosts. Exemptions from these rules can be granted by the Minister. Compliance with the Act and its subordinate instruments is mandatory, with penalties for non-compliance. The Act provides protections from civil and criminal proceedings for certain actions taken in good faith by Internet service providers, Internet content hosts, and regulatory bodies in the course of their duties. It also specifies that state and territory laws do not impose additional liabilities on Internet content hosts and service providers regarding content they are unaware of, and certain state/territory laws are excluded from applying to Internet activities to the extent they conflict with the federal scheme. Decisions made by the ABA under the Act can be reviewed by the Administrative Appeals Tribunal, and the operation of the Act is subject to a review before 1 January 2003 to assess technological developments in Internet content filtering.
Key Provisions
- The Broadcasting Services Amendment (Online Services) Act 1999 amends the Broadcasting Services Act 1992 to incorporate online services within the scope of its regulation. The key sections of this Act focus on regulating online content and services, ensuring that certain internet content is appropriately managed and restricted. Section 10 identifies prohibited content, such as material classified as RC (Refused Classification) or X by the Classification Board, or R-rated content not subject to a restricted access system. Section 12 defines potential prohibited content, which includes material likely to be classified as RC, X, or R if assessed by the Classification Board. The Act outlines the Australian Broadcasting Authority's (ABA) role in addressing complaints about prohibited or potential prohibited content, and in investigating and managing such content, including issuing take-down notices to content hosts.
- The obligations imposed by this Act on internet service providers and content hosts include compliance with take-down notices and other directives from the ABA regarding prohibited or potential prohibited content. They are also required to adhere to any registered industry codes or determined industry standards that apply to their activities. Internet service providers must take reasonable steps to prevent access to prohibited content as specified in access-prevention notices from the ABA.
- Breaches of the Act, such as failure to comply with take-down notices or online provider rules, are subject to penalties. Under section 82, an individual or entity contravening an online provider rule commits an offence, with a penalty of 50 penalty units. Additionally, contravention of a direction issued under section 83 is also an offence, carrying the same penalty. The Act also allows for civil proceedings to be protected from certain actions taken in good faith in relation to the administration of the Act.
- The Act further provides for a range of enforcement mechanisms, including the ability for the ABA to issue formal warnings, direct compliance with industry codes or standards, and apply to the Federal Court for orders to cease the supply of internet carriage services or hosting of internet content. The Act also stipulates that certain actions taken by the ABA, Classification Board, and Classification Review Board in the exercise of their functions are protected from both civil and criminal proceedings.
- Area of Law
- Media & Entertainment Law
- Internet & Technology Law
- Instrument
- Act
- Concepts
- Definitions & Interpretation
- Repeal & Amendment
- Regulatory Standards
- Classification & Rating Systems
- Enforcement Powers
- Licensing & Registration
- Reporting & Disclosure Obligations