Commonwealth Criminal Offences: Use of an Internet/Telecommunications Service

Last Updated: 14 Feb 2006


In recent years the Commonwealth has commenced using its telecommunications powers to introduce new criminal offences specifically directed to restricting freedom to speak and read by use of telecommunications and Internet services (carriage services). This page contains information about such amendments to the Commonwealth Criminal Code that EFA considers inappropriately restrict freedom to speak and read.

Contents:

Accessing or making available "suicide related material"

In June 2005 Federal Parliament passed new criminal offences, prohibiting using a carriage service (telecommunications or Internet service) to access or make available "suicide related material", which threaten freedom of political communication and freedom of the press and inappropriately interfere with rational adults' right to have access to information.

EFA made a written submission opposing enactment of the offences and presented oral testimony to the Senate Committee inquiry into the provisions of the Bill. EFA considers the legislation is totally objectionable as poorly constructed law and a gross infringement of fundamental human rights of communication.

However, the Bill was passed by Parliament in June 2005 without amendment and the new offences came into force on 6 January 2006.

For further information see:

Accessing or making available "offensive", menacing or harassing material, etc.

In August 2004 new Commonwealth criminal offences were enacted, which among many other things, criminalise using a carriage service (telecommunications or Internet service) to access or make available "offensive", menacing or harassing material.

In April 2004, EFA sent a submission to the Commonwealth Attorney-General's Department in response to an invitation to comment on an Exposure Draft of the Bill which also appeared to seek to threaten and menace ISPs into becoming the nation's censors and conduct police. The subsequent Bill included a number of improvements recommended in EFA's submission on the Exposure Draft (including amendments to ensure ISPs would not be inappropriately held liable for the conduct of others). However, EFA considered other amendments were also necessary and sent a submission to the Senate Committee inquiry into the provisions of the Bill in August 2004. (This rushed inquiry was announced and conducted in just one week and prospective submitters were given only 24 hours in which to prepare and lodge a submission.)

The Bill was passed without amendment by the Senate on 30 August 2004 and the new offences came into force on 1 March 2005.

For further information see:



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