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Internet Regulation in Authoritarian Regimes: A Global Overview

This overview examines internet regulations in extreme regimes, focusing on countries like Myanmar, Cuba, and Saudi Arabia. It highlights laws governing internet access, the role of ISPs, and user restrictions. In Myanmar, using a modem without permission can lead to severe penalties. In Cuba, internet access is restricted to authorized locations. Saudi Arabia filters all internet traffic through a central server. The U.S. First Amendment and laws like the Communications Decency Act guide regulations. Australia employs a co-regulatory scheme for content management, highlighting the global challenges of internet freedom.

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Internet Regulation in Authoritarian Regimes: A Global Overview

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Presentation Transcript

  1. Content Control

  2. Extreme Regimes • Myanmay (Burma) - Possession of modem without permission punishable by 5 - 7 years gaol • Cuba - Internet access only through authorised Universities and places of employment • Saudi Arabia - all Internet traffic filtered through central server

  3. United States • 1st Amendment - “Congress shall make no law… prohibiting the free exercise… or abridging the freedom of speech • Communications Decency Act 1996 • Child Online Protection Act 1998

  4. Asia • In General: • Carriers must take action when they become aware of prohibited content, either by user complaint or government notice • Some countries block prohibited sites

  5. Australia • Both Commonwealth and State legislation • Commonwealth regime covers ISPs and ICHs • State laws cover providers, creators and users

  6. State Regimes • Varies from State to State • Early movement to draft law abandoned • Example Act: Classification (Publications, Films & Computer Games) (Enforcement) Act 1995 (Vic)

  7. ISP and ICH Exceptions • ISPs and ICHs have exemptions from liability under State laws - Sch 5 Broadcasting Services Act 1992 (Cth) if they were not aware of the nature of the content

  8. Commonwealth • Since 1 Jan 2000, Broadcasting Services Amendement (Online Services) Act 1999 (Cth) • Now Sch 5 Broadcasting Services Act 1992 (Cth) • Purpose - to restrict access to materials online which would be restricted offline

  9. General Outline • Co-Regulatory Scheme under ABA and industry • In general, scheme is complaints driven

  10. Main Elements • Industry Code of Practice • ABA administered complaints scheme • Community Education

  11. Prohibited Content • For content hosted in Australia:RC or X ratedR rated without age based access limitations (RAS) • For content hosted outside Australia:RC or X rated

  12. Restricted Access System • Qualifying Systems must include: • Registration • Qualification/Validation • Access

  13. ABA Complaints System • Any Australian resident or company can make complaint • Unless complaint is frivolous ABA must investigate and must take action.

  14. Australian Hosted • Final takedown notice for classified material • Interim notice and referral to OFLC for unclassified material

  15. Foreign Hosted • Notify Filter software providers • Notify ISPs

  16. Enforcement • $5500 fine for individuals • $27500 for corporations • Ongoing offence up to 10% of the above penalties per day (s213 BSA)

  17. Codes of Conduct • IIA Internet Industry Association “Internet Industry Codes of Practice” • Very limited duties and responsibilities

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