The current classification system
14. The current framework for the classification of media content in Australia is based on the Commonwealth Classification Act and complementary state and territory legislation. Online content is primarily regulated under schs 5 and 7 of the Broadcasting Services Act.[5] These regulatory regimes are summarised below.National Classification Scheme15. The National Classification Scheme (NCS) was established …
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Read moreNational Classification Scheme Review
The ALRC was asked to conduct a review of classification in Australia in light of changes in technology, media convergence and the global availability of media content.
Inquiries
Read moreCommissions’ views
Gender neutrality in definition 5.163 Definitions of family violence should be gender-neutral. As any person can be a victim of family violence or use family violence, family violence legislation must be capable of operating to protect all victims of violence—whether female or male—and to prevent further commission of violence by anyone—whether female or male. However, …
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Read moreRecognising an action for breach of privacy in Australia
74.77 In the Issues Paper, Review of Privacy (IP 31), the ALRC asked whether a cause of action for breach of privacy should be recognised by the courts or the legislature in Australia.[116] 74.78 There was general support for the recognition of a cause of action for breach of privacy in the submissions that addressed …
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Read moreALRC’s view
74.112 In the absence of a statutory cause of action for serious invasion of privacy, the common law in this area will continue to develop through the Australian courts. Whether this evolution results in the recognition of a tort of invasion of privacy, the adoption of the UK’s approach to breach of confidence, a combination …
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Read moreRequired or authorised by or under law
72.27 Sections 280(1)(b) and 297 of the Telecommunications Act provide that a primary or secondary use or disclosure of information or document is permitted if the use or disclosure is required or authorised by or under law. NPP 2, and the ‘Use and Disclosure’ principle in the model UPPs, provide for a similar exception.[31] ACMA …
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Read moreOnline consumers and direct marketing issues
69.7 Personal information collected in the online environment is subject to the same laws as any other personal information. This chapter focuses on personal information collected in the online environment, such as through registration pages, survey forms, order forms, and online contests. In Chapter 9, the ALRC discusses technology that can be used to capture …
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Read moreOnline social networking
Background67.51 Until recently, the internet was primarily a source of information. Today, however, it is used by many as a means of communication and has become an important part of social relations.[39] 67.52 Many people now engage in online social networking. Social networking websites enable members to meet people; send messages to each other; share …
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Read moreTime limits on disputed credit reporting information
59.145 In DP 72, the ALRC noted that individuals effectively have the burden of showing that a disputed debt is listed improperly because the listing will remain part of their credit reporting information until this is shown.[170] 59.146 This position was considered to be unfair given the relative positions of credit providers and individual consumers …
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Read moreInvestigation and resolution of credit reporting complaints
59.158 Concerns about the existing regulation of credit reporting have focused as much on how the complaints and enforcement provisions have operated in practice as on the substantive obligations. More effective complaint handling and enforcement is seen by many stakeholders as central to making a significant improvement to the existing regulatory framework. Lack of access …
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