The Australia Institute thinks Australia should do more. Contrary to
the views of almost all international experts, the Institute thinks it has
found the elusive magic wand: mandatory filtering, but with a provision to
allow adults to opt out. At present, what exists under our unique
co-regulatory system is a code that requires Internet Service Providers to
offer all filters at cost price to their subscribers. The filters'
effectiveness is tested for the ABA and the test results are made public.
No other country, at least among the democracies, has even this much.
Still, the Institute may have a point and its argument should be given
due consideration. For mandatory filtering to be the magic wand,
subscribers would, of course, have to pay in some way. For example, they
might have to accept slower download times. They would also have to put up
with the fact that filters often overshoot, blocking legitimate requests.
To illustrate, a medical inquiry could result in sites about the human
body being blocked.
Then there is the problem that filters accidentally let through some
sites that are clearly pornographic. The Australia Institute knows this -
they included the ABA research that discloses this fact in their report.
Perhaps the greatest danger of mandatory filtering is that it will
inevitably make some parents complacent and think the filters are a magic
wand.
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The Commonwealth Department of Communications Information Technology
and the Arts is doing its own research on filters, as the ABA has done.
This will ensure that Parliament, and indeed all of us, are better
informed on this question.
Let us not forget that the introduction of the Australian system
required a considerable degree of persistence, indeed courage, on the part
of both the government and the Parliament. Some of the warnings about the
consequences - to say nothing of the ridicule - which appeared in the
media both here and overseas ought to be revisited. If they were, quite a
few people would be embarrassed. One commentator even called Australia a
global village idiot!
The opposition of the free-speech lobby, especially in the US, was
ferocious. That lobby seems to have persuaded the American courts to
favour pornographers whenever the Administration and the Congress have
tried to act against them but they were unsuccessful in their attempts to
dissuade the Australian Parliament from introducing our unique
co-regulatory system. This is the most rigorous system in any of the
democracies - and it has not had any of the deleterious effects on free
speech predicted by critics. Nor have excessive costs been levied on
Australian subscribers, nor has the Internet been slowed down.
In any event, Dr Hamilton and the Institute will soon have the
opportunity to have their proposal discussed, when the government tables
its review in Parliament for debate. Until then, we must keep an open mind
on this. Is it the magic wand, which would instantly solve all of our
difficulties? If not, would it be, on balance, a significant advance on
what we have? If it is either of these, then it can be expected that the
government and the Parliament will, acting in the public interest, react
favourably. At this point, no other democracy, nor any of the
international expert bodies, proposes mandatory filtering. However, this
does not mean Australia should not proceed in that direction. After all,
this country is already a pioneer in dealing with the extremely serious
problem of regulating Internet content.
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