E-Commerce Update December 2007 - Australian developments

ACMA makes new rules restricting access to 18+ and MA15+ content

On 20 December 2007, the Australian Communications and Media Authority (ACMA) made a Restricted Access Systems Declaration (Declaration). The Declaration seeks to unify the restriction of access to R18+ and commercial MA15+ content that is hosted in Australia and accessed using electronic communications services including the Internet, mobile and fixed phones. Under the Declaration, ACMA may require the content service provider to either remove or place specified access restrictions on content. The Declaration is expected to commence on 20 January 2008 as part of the a new content regulatory framework under a new Schedule 7 of the Broadcasting Services Act 1992. On 20 January 2008  the corresponding restricted access provisions under Schedule 5 of the Broadcasting Services Act 1992 and the Telecommunications Service Provider (Mobile Premium Services) Determination 2005 (No. 1) will be repealed. The Declaration will apply to stored and live Internet, mobile and fixed phone content, but does not cover some content including, in some circumstances, that accessed by email, instant, SMS and MMS messaging.

ACMA also amended the Telecommunications Numbering Plan 1997 to include an obligation for carriage service providers to use numbers beginning with 195 and 196 only for providing access to R18+ and commercial MA 15+ content that is delivered through premium SMS and MMS. Previously this obligation was specified in the Telecommunications Service Provider (Mobile Premium Services) Determination 2005.

The Declaration and an explanatory statements can be accessed via the ACMA website.

For more information please contact

Name : Duncan Giles
Title : Special Counsel
Office : Sydney
Phone : +61 2 9225 5954
Fax : +61 2 9322 4000
Email : duncan.giles@freehills.com