FC: Australian official says Internet uses public property, intrudes on life, needs international regulation for the "public good"

[Declan McCullagh <declan () well com>]

[Sheesh. I check my mail while I'm away and this is what I see happening.
Should have just stayed offline, where the biggest problem is how to take
good portraits when the sun is too bright and there are no clouds in the
sky. --DBM]

********

> From: "Corn-Revere, Robert L." <CornRevere () hhlaw com>
> To: "Declan McCullagh (E-mail)" <declan () well com>
> Subject: Australia and Internet Regulation
> Date: Mon, 1 Nov 1999 09:47:16 -0500 
> X-Mailer: Internet Mail Service (5.5.2448.0)
>
> This is for real:
>
> http://www.aba.gov.au/about/public_relations/newrel_99/101nr99.htm

NR 101/1999

           29 October 1999

           Broadcasting, co-regulation and the public good

           "National parliaments and industry bodies must work together on
schemes of
           self-regulation and co-regulation for the Internet which sit
within a broader framework of
           international cooperation," said Mr Gareth Grainger, Deputy
Chairman of the Australian
           Broadcasting Authority today.

           Mr Grainger was delivering the 1999 Spry Memorial Lecture in
Vancouver, Canada.
           Graham Spry was a champion of public broadcasting in Canada and
the Graham Spry
           Fund for Public Broadcasting was created in 1996 in recognition
of his work. The purpose
           of the endowment which created the fund is to sponsor an annual
public lecture and
           related academic activities relevant to the promotion of public
broadcasting in Canada. Mr
           Grainger will also deliver his address in French in Montreal on
2 November.

           "Broadcasting and now the Internet make use of public property,
the airwaves and
           bandwidth. Broadcasting remains, and the Internet is clearly
emerging as, a means of
           mass communication of a particularly intrusive nature. They
enter our homes and
           workplaces, exercise important influences on public life and
national cultures. Their
           content has been and remains, the latest research confirms in
relation to the Internet, a
           matter of considerable concern to the public who wish to see
national cultures preserved
           and enriched and to see young people protected from
inappropriate material," Mr
           Grainger said.

           "It is essential for policy makers and legislators, as they
review existing and prepare new
           rules for broadcasting and the Internet, to revisit and restate
the public interest objectives
           they believe should apply to those industries and their
governance. Sweeping references
           to ^Ñthe public interest^Ò may be less effective than a clear
articulation of the process
           concerns that legislators are seeking to advance."

           "National parliaments in democratic systems such as those of
Australia, the UK, and
           Canada provide the one legitimate constitutional outlet for
public concerns and it is
           entirely appropriate that, even in an age of increasing
internationalisation of broadcasting
           and now the Internet, it be national parliaments which set the
rules for the regulation of
           these matters within national borders. However, it is equally
clear that activities such as
           the Internet which are heavily transborder in scope must be
governed by rules which
           reflect major developments taking place elsewhere in the world.
International discussions
           are needed, and are occurring right now, to allow governments,
industries, users and
           communities to help shape suitable rules for new media such as
the Internet."

           "Co-regulatory or self-regulatory schemes for dealing with these
issues seem to require
           the existence of an umpire to oversee the efficient and
effective working of these
           schemes and to deal with public complaints. It is appropriate
for such umpires to be
           given discretion to interpret the public interest objectives of
such schemes to decide their
           application to particular circumstances. Such bodies will be
assisted by the clear
           articulation of the legislature^Òs public interest objectives to
guide the regulator in its efforts
           to allow the public good in specific cases."

           "In relation both to broadcasting, a highly mature industry, and
the Internet whose usage
           is so diffuse, it is apparent that the most appropriate means
for dealing with governance
           issues is through the healthy consultative interaction of
governments, regulators, industry
           and the community in schemes of self-regulation or
co-regulation. While legislators may
           well see industry self-regulation as the sensible direction for
communication industry
           governance to take, it is difficult to see how such schemes will
be genuinely effective
           without some provision for industry umpires and for the safety
valve of public complaints
           processes. 

           "Whereas in the United States the US Constitution First
Amendment allows the free
           speech lobby to dominate discussion about self-regulation, other
countries with healthy
           democratic systems and vibrant processes of open expression are
able to seek a more
           appropriate balance between the right to free expression and the
right of communities to
           nurture national and local cultures and to protect children from
harmful content. There is
           no one right way for any nation to approach the manner in which
we move forward in
           these issues. 

           "In Australia we are now endeavouring to place online services
on the same footing as
           broadcasting and are applying a co-regulatory framework governed
by important public
           interest considerations. I believe this has much to commend it.
Other nations will make
           their own decisions on what best meets community and industry
needs for this activity.
           However, I am absolutely convinced that at the end of the
twentieth century it is time for
           all of us who care about these issues to reaffirm our faith in
the overriding importance of
           the public interest to ensure that healthy vibrant
communications industries are
           conducted for the public good."



--------------------------------------------------------------------------
POLITECH -- the moderated mailing list of politics and technology
To subscribe: send a message to majordomo () vorlon mit edu with this text:
subscribe politech
More information is at http://www.well.com/~declan/politech/
--------------------------------------------------------------------------