The internet , why is it so important?
- Net Censorship in Australia , the DoCA proposal.
- Censorship by Stealth - the IIA Code of Conduct.
The internet , why is it so important?
- Mass, unimpeded communication between individual citizens.
- Most participatory form of mass democracy.
" Just as the strength of the Internet is chaos, so the strength of our
liberty depends upon the chaos and cacophony of the unfettered speech
the First Amendment protects."
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Dalzell J in ACLU v Reno , challenging the Communications Decency Act (CDA)
" The interest in encouraging freedom of expression in a democratic society outweighs any theoretical but unproven benefit of censorship. "
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From the majority judgement in Reno v ACLU, upholding the decision in ACLU v Reno
Disarming the Censors
- "Won't somebody please think of the children. "
- Is net censorship the best way?
- Reduces adults to reading only what is fit for children.
- Alternatives -> education, empowerment, supervision.
- Already can and has been prosecuted using existing laws.
- New ideas, not new laws are needed.
The Australian State of Play
- 1997, DoCA announce proposal for 'content regulation' (i.e. censorship)
- Flaws of the proposal include
- how do you define 'community standards' in a global medium?
- Most restrictive jurisdiction as the standard for acceptable content.
- Ordinary citizens as content providers
Censorship by Stealth - the IIA Code
- Censorship by sleight of hand.
- Code of Conduct as a barrier to entry.
- Restricting access to 'unsuitable content' is ineffective and reduces adults freedoms.
- Directions to 'illegal' material prohibited.