🚀 go-pugleaf

This is the text of a press release from the NSW Attorney-General,
Mr. Jeff Shaw, released this morning, 27th May.  Obviously timed
to coincide with today's "Electronic Freedom March" in Sydney.

-----------------------------------------------------------------
Greg Taylor                   Brisbane Australia. 
gtaylor@gil.com.au
URL <http://www.gil.com.au/~gtaylor>
EFA Newsletter Editor
-----------------------------------------------------------------


------------------------------------------------------------------------------------------------------------

                      Hon. J.W. Shaw, QC, MLC
         Attorney-General and Minister for Industrial Relations
------------------------------------------------------------------------
Level 20, Goodsell Building,                    Facsimile  (02) 228 7301
Chifley Square, Sydney NSW 2000                 Telephone  (02) 228 8188        
------------------------------------------------------------------------

 PAEDOPHILIA SHOULD NOT BE ENCOURAGED BY THE INTERNET


The Attorney General Mr Jeff Shaw, QC, MLC, today explained the draft 
internet regulation legislation to members of the internet community who 
had apparently misunderstood the plans.

"Despite their protests, those who support total freedom on the internet 
have yet to explain to me why material involving paedophilia should be 
readily available and encouraged on the internet", he said.

"Those who assert that the proposals are a knee jerk reaction are 
completely wrong and appear to have been totally uninterested in the issue 
until very recently.  For on 7 July 1995, a consultation paper on internet 
regulation was released both on the World Wide Web and in paper form.

"That 'Consultation paper on the Regulation of On-Line Information 
Services,' has now been available from the Federal Attorney General's 
Department for almost a year.

"When it was released, submissions were requested, and 121 submissions
were received by the closing date of 1 September 1995.

"Following unanimous endorsement of the proposals by all Attorney's 
General, the NSW Parliamentary Counsel drafted legislation based on the 
discussion paper and the consultation process.  This legislation will be 
discussed by the Standing Committee of Attorney's General in July.
            
"Those protesting about the proposed offences and penalties are 
conveniently ignoring half the story - the fact that the draft legislation 
creates broad defences that encourage compliance with approved codes of 
practice or the taking of reasonable steps to ensure the proscribed 
behaviour does not occur.

"Why should a Government not prosecute a service provider who supplies the
Internet to schools, yet refuses to install appropriate firewalls to 
screen out material involving explicit sex and violence or child sexual 
abuse?

"The broad defences recognise, as I do, the impossibility of monitoring 
all data that goes through service providers systems, but encourage 
providers to maintain maximum awareness, not maximum ignorance, about the
material disseminated.

"Criminal sanctions are only aimed at operators and users who culpably 
breach the standards that are set out regarding material that they transmit 
or advertise, or those who fail or refuse to exercise any effective 
controls over material that is publicly available through their information 
services.

"For example, people who have objectionable material placed on their 
bulletin board without their knowledge could argue that they are not liable 
as they had obtained undertakings from users that certain types of material 
would not be posted or posted inappropriately.  They may also be able to 
demonstrate that they had conducted random checks of material available 
through their information service.

"I do not believe that the community condones the easy availability of 
material encouraging paedophilia and other sexual abuse.  The impossibility 
of absolute regulation does not justify a complete failure to do what we 
can to meet reasonable concerns.

"I would hope that organisations like the Electronic Frontiers Association 
are interested in assisting the State and Federal Governments formulate 
workable proposals that will protect children while allowing adults 
freedom of expression on the internet.  If they in fact are, detailed 
proposals about how this could be best achieved would be useful."