Copyright Regulations & Illegal Content
In 1999, changes to the Broadcasting Services Act 1992 imposed new regulations for internet content hosts (ICH) and new obligations for service providers in relation to management of illegal content, and hosting of unauthorized copyright material. Like Television and Radio - internet content is subject to classifications and regulations.
New Copyright regulations came into play on 1st January 2005 as a result of the US Free Trade Agreement. The new regulations allow for Copyright owners to provide notice in accordance with the prescribed format set out in the "Copyright Act" to a service provider of any infringing material.
A notice of copyright infringement in the prescribed format in accordance with the Copyright Act can be sent to:
- Attention: The Copyright Manager
- Email: copyright.manager@iinet.net.au
- Fax: (08) 6263 3871
- Mail: Locked Bag 16, Cloisters Square WA 6850
The regulations also allow for the owners of alleged infringing content to raise a counter notice, defending the claim of infringement.
NOTE: The hosting or posting of illegal or copyright material using an iiNet service constitutes a breach of iiNet contractual obligation under the Customer relationship Agreement Sec 4.1 & Sec 4.2 Customer relationship Agreement. Such a breach of contract may result in the suspension or termination of service without notice to the subscriber.
Illegal or restricted content
Not unlike other broadcast media, content placed on the internet may raise a legal liability claim under applicable state or commonwealth laws. Content that may be classified "RC" or "X" such as…
- Child pornography
- Instructions in Crime, violence or drug use
- Actual sex
- Excessive violence
…Is prohibited, and classified as illegal content.
Labelling of unsuitable content
iiNet encourages all users who provide publicly accessible content (e.g. via free web space) to use appropriate warnings and/or labelling systems for content which is likely to be considered unsuitable for children (according to the Classification Act and relevant Classification Guidelines), even if such Content may not be Prohibited or Potential Prohibited Content.
More information on this can be found on the ACMA website www.acma.gov.au
Complaints
It is important to note that iiNet is NOT the authority that determines if content is infringing copyright, restricted or illegal. A complaint of this nature should be directed to the Australian Communications and Media Authority. Please see www.acma.gov.au/hotline for further details.
