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Recommendation 1:
That it should be an offence to use a computer service to transmit, obtain
possession of, demonstrate, advertise or request the transmission of material
equivalent to the RC, R and X categories. (para. 3.14).
Recommendation 2:
That the Government give consideration to making the use of strong cryptography
by service providers obligatory as a means of overcoming perceived enforcement
problems with section 85ZE of the Crimes Act 1914. (para. 3.23).
Recommendation 3 :
That subject to the making of contractual arrangements with access providers/service
providers to require their compliance with the law, network operators
should bear no responsibility or liability for material which passes over
their networks. (para. 3.34).
Recommendation 4 :
That Access and Service Providers be required to verify the identity of
all clients and that all clients are over the age of 18 years. (para.
3.40).
Recommendation 5:
In any offence provision, a clear distinction must be drawn between the
liability of the originator of objectionable material and a carrier of
that material, in the manner of section 85ZE of the Crimes Act 1914.
(para. 3.49).
Recommendation 6:
That where Service Providers can demonstrate that action had been taken
in good faith to restrict access to objectionable material they should
have a defence from liability for carriage of such material.(para. 3.54).
Recommendation 7:
- (a) That a system of self-regulation be instituted for the on-line
industry based on codes of practice and the establishment of an independent,
authoritative complaints body with a capacity to impose realistic sanctions
over breaches of the codes, including on-the-spot fines;
- (b) That the Telephone Information Services Standards Council and
its codes of practice provide a model for the proposed on-line services
complaints body;
- (c) That 50% of the membership of the body should be user representatives,
with overall gender equity and with representation specifically from
the education sector. (para. 3.66).
Recommendation 8:
That the Australian Government pursue at appropriate international forums
the concept of classification at source of all material placed on-line,
based on an agreed set of classification standards. (para 3.89).
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