- Introduction
- What is a telephone sex service?
- What are premium rates for telephone sex services?
- Who handles disputes about bills for telephone sex services?
- What is ACMA's role?
- What is Internet dumping?
- How do I control access to my telephone with call barring?
- Further Information
Introduction
Information services are generally supplied on premium rate numbers that begin with the prefix 190X. The range of information available is diverse-from weather reports to clairvoyant readings, sports results and quiz show competitions-with many of these services playing a valuable role in servicing the community.
Telephone sex services are a type of information service that has historically been available on the 190X number range and which are now subject to tighter government controls under Part 9A of the Telecommunications (Consumer Protection and Service Standards) Act 1999 (the Consumer Act). These controls were introduced in February 2000 because of concerns about unauthorised access to telephone sex services.
Under the restricted access arrangements, a telephone company can only bill calls for a telephone sex service if the:
- customer has agreed in writing to the supply of telephone sex services;
- customer has been issued with a Personal Identification Number (PIN) by the telephone company for accessing the service; and
- telephone sex service is supplied on a number with an approved prefix, (which is 1901).
These arrangements do not apply if the telephone sex services are not charged for on a telephone bill (for example, if the services are charged for on a credit card). You should also note that the controls only apply to services provided in Australia and will not include overseas services provided on 0011 (international numbers).
What is a telephone sex service?
A telephone sex service is a voice service supplied using a standard telephone service (i.e. a fixed line or mobile telephone service). It is a service where, taking into account any advertisement or promotion of the service and the content of the service, it is likely that the majority of persons who call the service would do so with the sole or principal object of obtaining sexual gratification.
Other adult information services, such as introductory or dating services and chat services, do not fall within the definition of a telephone sex service.
What are premium rates for telephone sex services?
Telephone sex services and most other information services, are generally supplied on premium rate numbers that begin with the prefix 190X. These services are known as premium rate services because they are charged for at a premium rate for the content of the call.
Premium rate services (including telephone sex services) are subject to an industry code of practice that contains rules about how such services are to be advertised and supplied. The code of practice was set up by the Telephone Information Services Standards Council (TISSC), which is an independent regulatory body that sets standards for the message content and advertising of any Australian telecommunication service with the prefix 190. Consumers can make an enquiry or lodge a complaint about the message content and/or advertising of any 190 service by contacting TISSC on 1300 139 955 or visiting its website at www.tissc.com.au.
What is ACMA's role?
ACMA has responsibility for ensuring industry compliance with the restricted access arrangements contained in the Consumer Act. ACMA can assess whether a particular service is a telephone sex service and can institute legal proceedings against a telephone company or telephone sex service provider which supplies a telephone sex service in breach of the requirements.
Restricted access arrangements only apply to telephone sex services that are voice calls made from a standard telephone service. They do not apply to visual images or content accessed via premium rate services through the Internet. Information about internet dumping is provided below.
TopWho handles disputes about bills for telephone sex services?
The Telecommunications Industry Ombudsman (TIO) investigates and helps resolve consumer complaints about the provision, supply and billing of telephone and internet services. The TIO can investigate disputes about bills for telephone sex services where the customer claims that they have been charged for calls that were not made. Following an investigation of a complaint, the TIO may direct a telephone company to take actions to remedy the complaint up to the value of $10,000.
Further information about the TIO's jurisdiction to consider complaints is available from its website at www.tio.com.au. To lodge a complaint about billing for telephone sex services, consumers can contact the TIO on freecall number 1800 062 058.
What is Internet dumping?
Internet dumping occurs when an Internet user is disconnected from the user's usual Internet service provider dial-up number and re-connected to another more expensive timed connection-usually an international or premium rate number, such as a 190X number-without giving informed permission. However, many of the cases attributed to Internet dumping have actually involved authorisation by the user and are more commonly the result of a failure to carefully read the authorisation for transfer to the international or premium rate number.
The TIO can consider complaints where the charges for accessing an Internet content service have been billed to a user's telephone account but it is unable to investigate website operators or content providers. Contact the TIO for Information about internet dumping and the TIO's jurisdiction in this issue.
You can make a complaint about the content of a website, and ACMA will investigate whether the material concerned falls into prohibited categories.
TISSC oversees standards that must be met by all Australian companies who provide website content via premium rate (190) numbers. Under the TISSC code of practice, website operators must notify users of call rates. Breaches of this requirement can be reported to TISSC on 1300 139 955 or through its website at: www.tissc.com.au.
How do I control access to my telephone with call barring?
Consumers can restrict access to a range of services on their telephones through call barring. Bars can be placed on almost all kinds of outgoing calls.
There are two types of call barring that provide different levels of security. They are:
- barring access to a class of numbers from your phone, such as 190X numbers. This is called an exchange bar as it is activated and controlled by your telephone company at the exchange; and
- barring access to the handset via a PIN. Handset bars can be installed and removed as needed by the telephone account holder (on a call-by-call basis), so they are especially useful for temporary call control. However, you must remember to reactivate the bar once you have removed it to make a call.
The difficulty with barring access at the exchange to a class of numbers is that the bar will only work on the network of your telephone company for those numbers-services may still be accessed via another telephone company using an override code. For example, you may bar access to 190X numbers with your telephone company but it is still possible for someone to use your phone to access 190X services provided by another telephone company on its network by dialling an override code. As a result, the best way of preventing access to particular services is to restrict access at your handset. A handset bar will not affect your ability to make emergency calls.
When considering barring, consumers need to carefully assess their information needs as barring access to 190X services will mean that access to any other useful information services, such as the weather, sports news etc. will not be available. If you are considering barring, you should contact your telephone company to discuss your barring options.
Consumers should keep in mind that it is not possible to bar incoming calls. Also, consumers should note that it is not possible to bar access to individual services.
More information
TIO
PO Box 276 Collins Street West
Melbourne Victoria 8007
Free call telephone number: 1800 062 058
Free call facsimile: 1800 630 614
TISSC
PO Box K1021
Haymarket NSW 1240
Telephone: 02 9211 4377
Facsimile: 02 9211 4447
Website: www.tissc.com.au
You can also browse the following documents:
Please note: This document is intended as a guide only. For this reason the information contained herein should not be relied on as legal advice or regarded as a substitute for legal advice in individual cases.