ACMA - New restricted access arrangements

Restricted Access System Declaration 2007

New rules for restricting access to age restricted content (commercial MA15+ content and R18+ content) either hosted in Australia or provided from Australia will commence from 20 January 2008.

The new rules made by ACMA on 20 December 2007 are specified in the Restricted Access System Declaration 2007 (PDF 38 kb, Word 127 kb), and in the Explanatory Statement to the Declaration (PDF 37 kb, Word 95 kb) and are made in accordance with the new regulation of content framework under Schedule 7 to the Broadcasting Services Act 1992 which also commences on 20 January 2008.

The new regulatory framework will apply to most content service providers who supply content via a carriage service. Access to commercial MA15+ and R18+ content provided to consumers as internet content, live content via the internet, mobile premium services including mobile portal and premium rate SMS/MMS services, and premium rate voice services will be subject to the restricted access rules. Telephone sex services will be subject to the restricted access declaration from 20 July 2008 when provisions of Part 9A of the Telecommunications (Consumer Protection and Service Standards) Act 1999 governing such services are repealed.

The new rules have been developed following consultation with stakeholders and followed the release by ACMA of a draft declaration and a discussion paper in October 2007.

The following submissions were received about the draft restricted access system declaration:

The Telecommunications Service Provider (Mobile Premium Services) Determination 2005 was made in 2005 and includes rules restricting access to MA15+ and R18+ content via mobile premium services. The determination also permits industry to develop a self-regulatory scheme (currently the Mobile Premium Services Industry Scheme) to include rules about the provision of information to mobile customers about costs and terms and conditions on which mobile premium services are offered and the handling of complaints about mobile premium services. Importantly, the determination also provides rules on how mobile chat service providers can minimise the risk of mobile chat services being used to facilitate illegal contact between children and adults. These rules are unaffected by the amendment and continue operating under the industry self-regulatory scheme, the Mobile Premium Services Industry Scheme.

The rules under the Determination regulating access to mobile premium services content have been replaced by the new framework under Schedule 7 and the new restricted access system declaration. ACMA made the Telecommunications Service Provider (Mobile Premium Services) Determination 2005 (No. 1) Amendment Determination 2007 (No. 1) (PDF 16 kb, Word 100 kb) (Explanatory Statement: PDF 20 kb, Word 55 kb) to remove the content related provisions for mobile phones from the Determination.

The Telecommunications Numbering Plan Variation 2007 (No. 4) (PDF 23 kb, Word 112 kb) (Explanatory Statement: PDF 20 kb, Word 64 kb) was also made on 20 December 2007 to vary the Telecommunications Numbering Plan 1997 to require carriage service providers providing access to age restricted content delivered via premium SMS and MMS services to only use numbers beginning with 195 and 196.

The following submissions were received relating to the amendments to the Determination and the Numbering Plan:

Broadcasting

Internet

Telecommunications

New restricted access arrangements

Restricted Access System Declaration 2007