Using the Internet for offensive and menacing purposes, including harassment and the advocacy of violence, will be outlawed as part of a crackdown on e-crime in Australia.
In a joint statement, Australia’s IT Minister Senator Richard Alston, and the Minister for Justice and Customs, Senator Chris Ellison, said the Australian government will soon introduce into Parliament amendments to make the use of a telecommunications service to carry offensive Internet content a criminal offense.
It is currently an offense to use a telecommunications service in a way that would be considered by reasonable persons as offensive, or with the result that another person is menaced or harassed.
However, the use of a telecommunications service to carry offensive Internet content is not covered by existing provisions. The new offense will carry a penalty of two years imprisonment, double the punishment for the existing offense.
People using the Internet to advocate or facilitate violent protests, for example by spreading information on methods of violently disrupting international meetings and attacking police officers protecting such gatherings, including those using the Internet to harass or menace others are among those who could be prosecuted under the new offenses.
Internet service providers (ISPs) and Internet content hosts will be exempted from the new offense where they do not have knowledge of the content of the material that they transmit or host.
A person who places material on the Internet that urges the commission of a criminal offense may also be caught by state and territory offenses for incitement to commit a criminal offense.
The new offense will form part of a package of new telecommunications-related offenses which includes those for the possession and distribution of Internet child pornography, targeting people who use the Internet to trade in child pornography.
The package will also include offenses dealing with the “rebirthing” of stolen mobile phones which is a practice that allows criminals to circumvent technology that prevents stolen mobiles from accessing Australian mobile networks.
The federal government already regulates Internet content through the Online Content Co-Regulatory Scheme. The new offense will complement this scheme by introducing criminal penalties for placing material on the Internet that would be regarded by reasonable persons as being, in all the circumstances, offensive.
Under this scheme the Australian Broadcasting Authority acts on complaints from the public and can order Internet content hosts in Australia not to host prohibited content.
Prohibited content is material that has been or would be Refused Classification or classified ‘X’. Content hosted in Australia that is or would be classified ‘R’ is also prohibited if the offending material is not subject to adult verification restrictions.
