chapter 1 introduction On 25 March 1999 the Senate resolved to re-establish the Select Committee on Information Technologies in the 39th Parliament, having originally established it in the previous Parliament on 27 August 1997. The Senate gave the Committee the following terms of reference: evaluate the development of self-regulatory codes in the information industries; monitor the personal, social and economic impact of continuing technological change created by industries and services utilising information technologies; examine the Government's decision to establish a regulatory framework relating to illegal or offensive material published and transmitted through online services such as the Internet; and inquire into and report on such other matters as may be referred to it by the Senate. The Government decision referred to in term of reference (c) was the announcement on 19 March 1999 by Senator the Hon Richard Alston, Minister for Communications, Information Technology and the Arts, that the Government would introduce stronger measures to protect Australian citizens, especially children, against illegal or offensive material on the Internet. At its first meeting on 31 March the Committee agreed that the examination of this matter was of the highest priority and it resolved to immediately seek public comment on the Minister's announcement. Advertisements were placed in the national print media on 3 and 6šApril seeking submissions from interested individuals and organisations by 30 April. On 21 April, however, the Government introduced the Broadcasting Services Amendment (Online Services) Bill 1999 (the Bill) accompanied by a comprehensive Explanatory Memorandum and Second Reading Speech into the Senate. Two days later, the Senate referred the Bill to the Committee for inquiry and report by 11 May 1999. The Committee resolved that, to meet the Senate's reporting requirement, it would be necessary for it to embark on a comprehensive program of public hearings prior to the date it had set for submissions. Fortunately, the Committee received several submissions in advance of the 30 April deadline and they were available to assist the Committee's deliberations at its hearings. Advisory material was also posted immediately on the Committee's web page and, as might be expected, details of the Committee's revised plans quickly became widely known in the Internet and general community. The Committee finally received 104 submissions, details of which are shown in Appendix 1. The Committee wishes to express its gratitude to all persons and representatives of community and industry groups who made a contribution to its inquiry by presenting a submission. It should be noted that the authors of several submissions, in pursuit of a desire to inform the Committee about some of the more offensive material available online, included either copies of the actual material that they had downloaded from the Internet or identified a potential source. Some of the material provided included RC- or X-equivalent photographs, a bomb-making recipe, and allegedly paedophile and racial vilification site address details. While the point being made by the sender was strengthened by the inclusion of the material in question, the Committee resolved that it was not appropriate for such material to be included in published volumes of submissions. Some material was, accordingly, excised from submissions and the senders advised accordingly. The Committee held four public hearings involving a total of 33 witnesses and took in excess of 320 pages of transcript. Details of the witnesses to the Committee's hearings are shown in Appendix 2. The Committee again expresses its appreciation to all witnesses who appeared before it, some on more than one occasion. As will be apparent from this report, the majority of the Committee has resolved to support the Government's Bill without amendment. Two members of the current Committee, Senators Tierney and Harradine, were members of the former Senate Select Committee on Community Standards Relevant to the Supply of Services Utilising Electronic Technologies. Those Senators have had this issue under examination since 1993 and have noted the extent to which the Government has followed that Committee's advice. Finally, it should be noted that, because of the nature of the inquiry, some matters raised with the Committee which are peripheral rather than central to the provisions of the Bill will have to be examined in greater detail in the course of the Committee's future activities. On the basis of the evidence before it, the Committee recommends: That the Broadcasting Services Amendment (Online Services) Bill 1999 be approved without amendment. However, the Committee notes that, in Alert Digest No. 7 of 1999, issued on 28šApril 1999, the Senate Standing Committee for the Scrutiny of Bills drew attention to the fact that, as currently drafted, the Bill appears not to make provision for the disallowance of an ABA declaration under clause 3 of proposed Schedule 5 that 'a specified access-control system is a restricted access system in relation to Internet content.' That Committee sought the Minister's advice about the disallowable status of such declarations and, if they are not disallowable, why they should be exempt from disallowance. No ministerial response had been made at the time of finalisation of this report. Senator Jeannie Ferris Chair
Senate Committee 1999 << Federal Net Censorship << Internet Censorship/Free Speech << Danny Yee