An Ethical Discussion of the
Australian Communications
Decency Act
Justin Mandel
Computer Science 99
Dartmouth College
March 2, 2000
Overview
• What is the Australian CDA?
• The History of its
implementation
• Why it presents an interesting
ethical case study
• The Pros and Cons of
Censorship
• The ethics of holding ISPs
responsible
• Implications for US politicians
and policymakers.
What is the Australian CDA?
(referred to in Australia as the Online Services Act of 1999)
Law enacted January 1, 2000 that requires
all ISPs to ban domestic and foreign content
including pornography, that is deemed
“sexually explicit,” “overly violent,” or
“otherwise offensive” by the Australian
Broadcasting Authority (ABA)
How it Works
1) An Australian citizen sends a complaint via email, fax, or
snail mail to the ABA
2) If the ABA agrees that the complaint has merit, it refers the
case the the Office of Film and Literature Classification.
3) The OFLC rates the offending content using its ratings
system for movies and videos
4) If the content is Refuse Classification (RC) or deemed
Sexually Explicit (X) it can be ordered removed by the ABA if
it resides within Australian jurisdiction.
Its History
• Law passed the Australian Parliament on
June 30, 1999, Enacted January 1, 2000
• Passage driven by desire to protect children
from offensive material
• As of today, the ABA has received fewer
than 50 complaints
• At least 6 sites ordered to be taken down
• Most simply move their content to US-based servers to comply with the law
Why is it interesting?
• Comparison to United States
Communications Decency Act of 1996
which was struck down by the US Supreme
Court
• Gives government enormous power in
deciding what citizens can see
• Is uncensored information an individual
right or a government obligation?
Pros of Censorship
• Protects children
• Parents and companies can be assured that
children and employees are not viewing
pornography
• Contributes to a moral culture
• Eliminates hate speech
Cons of Censorship
• Individual rights are more important than
protecting children
• People can decide for themselves what is
moral
• Pornography does not make you a bad
person
• Are we missing the point?
ISP Responsibility
• Uniqueness of Australian Law resides in the
responsibility of ISPs for content that’s not
necessarily theirs.
• Can ISPs be expected to block all
“indecent” material if the internet enables
companies to constantly change their
location?
• Is protecting children more important than
individual choice?
Implications for US
Policymakers
• Does the Australian CDA answer any of our
questions? Does it achieve its goal?
• Is “decent” content a cultural issue?
• Are ethical issues such as censorship
cultural and regional issues?
The End