An Overview of Internet Content Regulation in Australia

Abstract

In 1999, the Australian parliament passed legislation for the regulation of Internet content, treading a regulatory path that few governments have chosen or have been able to pursue successfully in the face of legal challenges. The Australian approach to regulation of the Internet has attracted much interest, and, it must be said, criticism. Nevertheless, it provides one example of a regulatory model to be considered in framing policy responses to the issue of Internet content. The Australian experience highlights the need to find the right balance between freedom of expression and competing interests; issues of principle; the importance of understanding what the Internet is, how it works and how it is used; and the difficult task for drafters of legislation in seeking to give effect to government’s regulatory aims in respect of the Internet.This paper provides an overview of the Australian approach to Internet content regulation. It covers the policy background; the reasons advanced by the government in justification of its legislation; an overview of the regulatory framework; responses to the legislation; and recent developments.