Illegal Content

In 1999, changes to the Broadcasting Services Act 1992 imposed new regulations for internet content hosts ( ICH ) and new obligations for service providers in relation to management of illegal content, and hosting of unauthorized copyright material. Like Television and Radio - internet content is subject to classifications and regulations.

New Copyright regulations came into play on 1st January 2005 as a result of the US Free Trade Agreement. The new regulations allow for Copyright owners to provide notice in accordance with the prescribed format set out in the "Copyright Act" to a service provider of any infringing material.

A notice of copyright infringement in the prescribed format in accordance with the Copyright Act can be sent to:

• Attention: Legals
• Email: legals@ispone.com.au
• Fax: 1300 665 400
• Mail: PO BOX 2223, Melbourne, 3001

The regulations also allow for the owners of alleged infringing content to raise a counter notice, defending the claim of infringement.

Illegal or restricted content

Not unlike other broadcast media, content placed on the internet may raise a legal liability claim under applicable state or commonwealth laws. Content that may be classified "RC" or "X" such as;

• Child pornography
• Instructions in Crime, violence or drug use
• Actual sex
• Excessive violence

is prohibited, and classified as illegal content.

Labelling of unsuitable content

ispONE encourages all users who provide publicly accessible content (e.g. via free web space) to use appropriate warnings and/or labelling systems for content which is likely to be considered unsuitable for children (according to the Classification Act and relevant Classification Guidelines), even if such Content may not be Prohibited or Potential Prohibited Content.

More information on this can be found on the ACMA website www.acma.gov.au

Complaints

It is important to note that ispONE is NOT the authority that determines if content is infringing copyright, restricted or illegal. A complaint of this nature should be directed to the Australian Communications and Media Authority. Please see http://www.acma.gov.au/hotline for further details.

Under the Telecommunications Act, ispONE is obligated to comply with law enforcement agencies. ispONE's compliance is required to assist the law enforcement agency in their investigation into alleged crime and misconduct or any other unlawful activity.