The co-regulatory scheme for online content allows for and encourages the development of codes of practice (codes) for the online content service provider industries. The matters that must be dealt with in the codes, and the criteria for registration, are specified in Schedule 5 and Schedule 7 of the Broadcasting Services Act 1992.
The Authority registered new codes of practice for ISPs and ICHs on 26 May 2005, replacing those previously registered on 9 May 2002. The new codes respond to the May 2004 report on the operation of the co-regulatory scheme and include safeguards for content delivered to mobile devices.
The codes were developed by the Internet Industry Association (IIA) and apply to all Australian ISPs and ICHs. ACMA may direct an ISP or ICH to comply with a code if satisfied that they are not already doing so. Failure to comply with such a direction may amount to an offence under the Act.
Content Code 1 and Content Code 2 aim to improve internet users’ access to internet safety tools and information. They require ISPs to prominently display relevant links on their home pages, and to provide regular updates on these matters during the year.
Content Code 2 also contains rules for content delivered to mobile telephones with audio-visual capabilities. This code prohibits mobile content that is or would be classified RC or X 18+, and requires access to content classified R 18+ or MA 15+ to be restricted to users who ‘opt in’ to such services and verify that they are 18 years of age or older. The content codes use the National Classification Code categories that apply to films, DVDs and computer games. This will help ensure consistent treatment of content across fixed and mobile entertainment platforms.
Content Code 3 contains a process for dealing with overseas-hosted internet content that has been the subject of a complaint to ACMA and found to be prohibited. Such content is notified to the makers of selected internet filter products, which ISPs must make available to their customers at the time an account is opened, either directly or via a filter software portal maintained by the IIA.
You can download the codes here:
- Internet Industry Codes of Practice (May 2005) (230 kb)
ACMA audit
The revised internet content codes registered by ACMA on 26 May 2005 include enhanced consumer safeguards. ACMA undertook to measure the level of industry compliance with these revised obligations, including the provisions relating to online safety information, following their taking effect in September 2005. You can download the compliance report here:
- ISP Code Compliance Report (April 2006) (1.7 mb)
Previous ACMA audits
In 2004, the ABA (ACMA's precursor) assessed compliance by major ISPs with the consumer protection provisions which existed at that time. You can download the compliance report here:
- ISP Code Compliance Report (Aug 2004) (114 kb)
Internet gambling
See Interactive Gambling Code of Practice.
Spam Code of Practice
The Internet Industry Association (IIA) also developed the Internet Industry Spam code of practice and it was registered on 16 March 2006. More information on the spam Code is available on the ACMA spam and e-security pages.