Section 3.2.3 Inappropriate Content
For the purposes of this Policy, Inappropriate Content means:
Content that includes material that could be reasonably considered to be:
- racist
- sexist
- abusive or threatening
- knowingly and maliciously untrue
- infringing copyright
- pornographic or obscene
- objectionable material
- confidential beyond the level of access restriction
assigned to the type of material
- intended for unauthorised commercial gain
- unauthorised sponsorship material
- unauthorised advertising material
- unauthorised Foreign Content, or
- subject to any other constraints or restrictions imposed by State or Federal legislation.
MurdochNet Content shall not include Inappropriate Content.
Content Providers should be aware of current legislation in
the area of Internet Content provision and in particular, their
responsibilities in relation to the Broadcasting Services Amendment (Online
Services) Act 1999 that came into effect on January 1, 2000.
[Australia.
Broadcasting Services Amendment (Online Services) Act 1999
http://www.aba.gov.au/legislation/bsa/
http://scaleplus.law.gov.au/html/pasteact/0/136/rtf/BSA92Vol01.rtf
http://scaleplus.law.gov.au/html/pasteact/0/136/rtf/BSA92Vol02.rtf ]
To clarify what objectionable material is considered to be
Inappropriate Content for MurdochNet, the Australian Broadcasting Authority
(ABA) Web Site and the University’s IT Security Policy should be
referred to.
Australian Broadcasting Authority
The ABA site states that the categories of Internet Content
considered to be Prohibited Content are:
Content which is (or would be) classified RC or X by the Classification
Board.
Such content includes:
material containing detailed instruction in crime, violence or drug use;
bestiality;
excessively violent or sexually violent material.
real depictions of actual sexual activity; and
Content hosted in Australia which is classified R and not subject to a
restricted access system which complies with criteria determined by the ABA.
Content classified R is not considered suitable for minors and includes:
material containing excessive and/or strong violence or sexual violence;
material containing implied or simulated sexual activity;
material which deals with issues or contains depictions which require an
adult perspective.
For further information, including information on the
complaints process for Prohibited and Potential Prohibited Content, Content
Providers should refer to the ABA site.
[ Australian Broadcasting Authority.
http://www.aba.gov.au/internet/complaints/complaints.htm
http://www.aba.gov.au/internet/faqs/int_cont.htm#prohib
]
IT Security Policy
The University’s IT Security Policy Code of Practice
in the Use of Computing & Network Facilities, with respect to ‘Objectionable
Material’, states that:
The University's computing and networking
facilities must not be used for the transmission, obtaining possession,
demonstration, advertisement or requesting the transmission of objectionable
material knowing it to be objectionable material as defined by the WA
Censorship Act 1996, namely:
(i) A film classified RC (refused classification), a
computer game classified RC (refused classification), or a refused publication;
(ii) Child pornography;
(iii) An article that promotes crime or violence, or incites
or instructs in matters of crime or violence; or
(iv) An article that describes or depicts, in a manner that
is likely to cause offense to a reasonable adult e.g.
(1) The
use of violence or coercion to compel any person to participate in, or submit
to, sexual conduct;
(2) Sexual
conduct with or upon the body of a dead person;
(3) The
use of urine or excrement in association with degrading or dehumanizing conduct
or sexual conduct;
(4) Bestiality;
(5) Acts
of torture or the infliction of extreme violence or extreme cruelty.
[Murdoch University.
IT Security Policy – Code of Practice in the Use of Computing and Network
Facilities – Objectionable Material
http://www.murdoch.edu.au/admin/policies/itsecurity/sg_users.html#242
]
The University’s IT Security Policy Code of Practice
in the Use of Computing & Network Facilities, with respect to ‘Restricted
Material’, states that:
The University's computing and
networking facilities must not be used to transmit or make available restricted
material to a minor, restricted material being defined by the WA Censorship Act
1996 as an article that a reasonable adult, by reason of the nature of the
article, or the nature or extent of references in the article, to matters of
sex, drug misuse or addiction, crime, cruelty, violence or revolting or
abhorrent phenomena, would regard as unsuitable for a minor to see, read or
hear.
[Murdoch University.
IT Security Policy – Code of Practice in the Use of Computing and Network
Facilities – Restricted Material
http://www.murdoch.edu.au/admin/policies/itsecurity/sg_users.html#243 ]
The Broadcasting
Services Amendment (Online Services) Act imposes certain obligations on
Internet Service Providers (ISPs) and Internet Content Hosts (ICHs) in relation
to Content unsuitable for children under 18, or potentially offensive to
adults. The Act also sets rules for ISP's with regard to filtering prohibited
Content on sites external to Australia and providing Internet access to
children under 18. It is unclear, at
this stage, what are the full implications of the Act for the University.
The University is an Internet Content Host that provides
publicly accessible computers with full Internet access within its libraries on
its various campuses. The University considers the display of restricted
material in a publicly accessible area to be inappropriate use of the
University’s computing and network facilities. In such areas signage includes
references to the University By-laws –
Part II Section 8 – Indecency and Obscenity.
University legislation may also apply in the area of
publishing Inappropriate Content.
[Murdoch University
Legislation. By-laws – Part II Section 8 – Indecency and Obscenity
Murdoch University
Legislation. By-laws – Part II Section 9 – Depiction Dissemination and
Publication
http://www.murdoch.edu.au/admin/legsln/bylaws/bylaws.html
]
In preparing or providing Content, Content Providers should
ensure that Content does not contravene State, Territory or Commonwealth laws.
They should take reasonable steps to ensure that Content they are responsible
for does not include material that could be subject to civil liability (eg.
copyright), and that Content does not include material that could reasonably be
considered to be defamatory, libellous, or slanderous and may therefore place
the University’s good name at risk or make the University subject to legal
liability.
[Electronic Frontiers Australia. Defamation Laws and the
Internet
http://www.efa.org.au/Issues/Censor/defamation.html
]
Content Providers should be aware that the University shall
take all reasonable steps to modify or remove Content accessible via a Server
on the Murdoch University Network, should that Content be found to be
Inappropriate Content. These steps may include liaison with the respective Web
Liaison Officer, Content Custodian, and Web Administrator responsible for the
Server hosting the Content.
The University reserves the right to use whatever mechanisms
necessary to put in place appropriate access restrictions to Content found to
be Inappropriate Content when that Content is hosted on or made accessible via
a Server on the Murdoch University Network.
[Murdoch University.
IT Security Policy – Conditions of Use of Computing and Networking Facilities
http://www.murdoch.edu.au/admin/policies/itsecurity/sg_users.html#1]
[Internet Industry Association. Content Regulation Code
of Practice (v7.2)
http://www.iia.net.au/contentcode.html ]
- Section 3.2.3.1: Exceptions to Inappropriate Content
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