🚀 go-pugleaf

macka (macka@merlin.net.au) wrote:

This law is a nightmare. Do these people have any clue!

: `Dob-in' law to snare Internet criminals
: By Political Reporter SUSIE O'BRIEN
: 09nov2000 the Advertiser
: 
: PEOPLE who put offensive material such as child pornography on the Internet
: in South Australia may be prosecuted under new laws introduced in State
: Parliament yesterday.
: 

Ahh - the old 'we need the law to deal with child porn' argument. Pity
thats a complete fabrication since I'd put money on existing laws already
being able to be used to prosecute child porn in SA.



: Under the bill, moved by Attorney-General Trevor Griffin, a person who has
: entered the material will be prosecuted and not the Internet service
: provider.

Well, at least they won't be targetting the ISP. But this doesn't take
away from the fact they are going to have a chilling effect on free
speech.

: 
: This is the first time the law has targeted those in SA who upload - or
: enter - rather than download Internet material, Mr Griffin said.
: 

What consitutes upload? If I email p0rn a friend, or directly transfer
it... is that going to be an offence.

: "While this bill cannot be a complete solution to the problem of offensive
: Internet content - much of which originates overseas - it is important that
: SA does what it can to address content that originates from here," he said.
: There would be no electronic monitoring of the Internet and police would
: rely on routine investigations and "dobbing in" by members of the public to
: detect offenders.
: 

Ummm- now this is interesting. Aside from information made available
publically (like in newsgroups or web pages) who is going todob in someone
for uplaoding content?

: The proposed maximum penalty is $10,000.
: 

For uploading some p0rn? You have to be kidding.

: The bill also tightens the copying and distribution of offensive videos.
: They reduce from 10 to three the number of identical videos a person can
: have before he or she is deemed to be intending to sell or exhibit the
: items.
: 

Ooooooh - I just love deemed supply provisions.


: In addition, the legislation would strengthen the classification of films,
: publications and computer games.
: 
: Elements of the bill include:
: 
: PROSECUTION of offensive unclassified material may proceed without an
: expensive classification process;
: 

So whats the point of having a classification scheme at all if peiople can
be prosecuted arbitrarily for 'offensive' material that doesn't even go to
the OFLC. So now people in SA are going to not only have to judge whether
something will run afould of OFLC provisions, but also whether whoever is
decisding their case is going to find something offensive.


: REMOVAL of other items taken from premises when more than 10 prohibited
: items are removed; and
: 

And this achieves what? Aside from destroying the business?


: A further clause in the legislation requires that a parent or guardian who
: takes a minor to see a MA15+ film must be present throughout the film. They
: may only be absent to use facilities provided on the cinema premises. The
: Opposition has indicated it broadly supports the intent of the legislation.
: "While we still have to see the detail of the bill, Labor welcomes moves to
: tighten up on offensive material on the Internet, while we recognise just
: how tough the task is, given the global nature of the Internet," Opposition
: justice spokesman Michael Atkinson said.

Let's just hope no-one else (states) goes down this ridiculous path.


-- 
++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++
Randyte (Heath Gibson)                    

"The interest in encouraging freedom of expression in a democratic society 
 outweighs any theoretical but unproven benefit of censorship."

 from the  majority judgement  in Reno_v_ACLU, striking  down the CDA.
++++++++++http://www2.hunterlink.net.au/~ddhrg/randyte.html+++++++++++++++++++