lecture notes week 10

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LECTURE NOTES WEEK 10

On-line Services

1) What Are On-line Services

An “on-line service” is a service that makes content available by
means of a telecommunications network which enables the transmission of
information between users and a place in the network (ABA)
The Internet and Web are the most common examples of on-line
ervices, but various elements of both the Web and Internet can be used to
distribute on-line services.
E-mail still represents the single most popular Internet
application, and as such represents the most common form of on-line
services. However, on-line services can also take the form of newsgroups,
bulletin boards, IRC, File Transfer Protocol and Telnet.
On-line services can also be provided over proprietary networks,
with Compuserve and the Microsoft Network (MSN) representing the main
examples. In some ways, these networks may be regarded as closed systems,
but are usually linked to the wider Internet. The poses problems for
regulators, in that the proprietary networks are effectively private
communications channels (like the telephone), but also public through their
connection to the Internet.

2) Differences From Traditional Media

As far as content is concerned, on-line service provide much the
same content as traditional forms of media. Like magazines works and images
are the mainstay of on-line content. However, the way the content is
provided is very different.
On-line services are what are called “pull” technologies, as
opposed to television and radio which are “push” technologies. Users pull
from on-line services only the material they want, and can go in search of
particular pieces of content. Users of TV and radio have to accept what
programmers push on them.
The production context of on-line services tends to be very
different to traditional media. At least theoretically, any consumer can be
a producer, and this has to be taken into account when creating regulation.
For example, pornographic material is unlikely to appear on
commercial TV because there are several levels at which it can be filtered
(the production company, the network, FACTS, ABA, the minister). However, a
person only has to get around their service provider to distribute porn via
the Net.
The industrial structure is also very different, and is still
developing. ISPs are like individual stations, but are not subject to the
same restrictions.

3) Problems With Regulation

The nature of on-line services make them very difficult to
regulate, and there are several key areas which are still highly
contentious. The main ones are: how to protect children, how to ensure
copyright, how to avoid concentration of ownership and how to encourage
local content.
Protection of the Child
Like most forms of media, protection of the child represents one of
the central concerns of regulators.
With the Internet, children are regarded as being especially at
risk, due to the graphic nature of the material available, and the apparent
ease of access. There are no time restrictions for on-line services:
material can be obtained regardless of location or time.
Calls for censorship have been the most common response to these
concerns, but also the most difficult to enact. This is primarily because
on-line services tend to be global by their very nature, and local
regulators have no control over international content producers. Software
has been created to filter out material at the user-end, but this can also
filter out educational material.
Any calls for censorship inevitably run into conflict with
free-speech proponents. This was proved with the CDA.
Copyright
The idea that the Internet is a copyright-free zone is perhaps one
of the greatest myths surrounding the medium. According to international
copyright conventions, almost all material available on-line (including
e-mail) is subject to copyright requirements.
Despite this, it is almost impossible for a copyright holder to get
a conviction for infringement on the Internet. This is mainly because of
the sheer volume of information available from on-line services. If an
image is stolen by a user in Russia from a page in Australia, it is
unlikely that the copyright owner would realise that the theft had
occurred. Even if a infringement is recognised, the costs involved in
prosecution makes such a outcome unlikely.
Copyright infringement is also made more likely because of the
nature of digital content. In the digital world, a copy is technically
exactly the same as the original, and is simple to make. To copy an image
one only has to select it and highlight the correct command.
Copyrighted material can be used under “fair use” guidelines, but
what constitutes fair use varies from country to country, and in some cases
from state to state.
Ownership Issues
At present, the Broadcasting Services Act contains no specific
restrictions on ownership of on-line services, and creating such
restrictions may prove difficult given the inherently global nature of the
medium.
However, it is clear that ownership is an important issue to
consider, especially in terms of cross-media rules. As the number of homes
with Internet connections increases, the potential influence of a media
owner with on-line interests also increases.
This concern is made more pertinent by the creation of affiliations
between existing media companies and on-line service providers. The NineMSN
venture represents one of the most prominent example of this, with Nine
Network programs finding a presence on the Net with their own Websites.
Also of concern is the trend of newspapers and magazines going
on-line, because a presence on the Web can be used to reinforce the
position of a dominant publication. Even though most publishers have been
unable to generate profits from their on-line ventures, a publisher who is
on-line clearly has an advantage in terms of profile.

4) The ABA’s Response

In July 1995, the Minister (Michael Lee) directed the ABA to
conduct a wide-ranging investigation into the content of on-line services
in Australia. The final report was delivered to the Minister in July 1996,
after receiving 219 submissions from interested parties.
On the whole, the report took the form of an overview of the
current state of play, rather than a concerted effort to arrive at
legislation. However, the report did identify strategies which the ABA
argues are the most suitable for dealing with on-line content:
Self-regulation
In keeping with the general regulatory philosophy within the ABA,
the report called for the on-line service industry to impose
self-regulation, rather than having regulation thrust upon it. According to
the report, the industry should develop its own codes of practice, with the
ABA acting in a consultative capacity.
Once developed, the codes would then have to be registered with the
ABA. This mirrors the self-regulation which occurs in broadcasting, with
industry participation being emphasised.
Classification
Also mirroring the broadcasting sector, the ABA recommended the
introduction of a classification system, instead of outright censorship.
According to the ABA, “Australians are not banners” and are “a tolerant
people who understand that adults should be, in the main, free to engage in
activities that cause no harm to others”.
In keeping with this philosophy, the ABA called for the creation of
a classification system which would balance the protection of the child
against the adult’s right to see. The best solution the ABA could find was
some kind of voluntary labelling system, in which Web-sites would carry a
label which could be read by Platform for Internet Content Selection (PICS)
software. Under PICS, all Internet sites would be encoded with a
classification within their HTML giving info about their content, which
could then be read by filtering software.
The ABA also recommended the establishment of an e-mail hotline,
which users could use to identify sites which contained objectionable
material as well as the creation of a Refused Access List (RAL). However,
groups such as Microsoft and the Australian Computer Society say the cost
incurred by service providers would be too great. (Software would have to
check the address of each individual packet of data).

5) The Fallout.

On April 21, Sen. Alston introduced new legislation to regulate
online services. Like much media regulatiuon, it was aimed to protect children.
The legislation would work as an amendment to the BSA, and was
intended to stop “paedophiles, drug-pushers, bomb-makers and racists from
using the Internet to spread their poison”.
Key facets of the legislation include:

- A complaints mechanism to be administered by the ABA
- An incorporation of online content under existing guidelines
produced by the OFLC.
- The ABA would be given powers to issue notices to service providers
regarding content hosted in Australia or sourced from overseas. The ISP
must take reasonable steps” to prevent access if “technically and
commercially feasible”.
- A graduated scale of sanctions against service providers if notices
are not complied with.
- A community advisory body will be established to monitor material
and operate a hotline.
- An attempt to homogenise state and territory offence provisions.

Mark J. Finn
Associate Lecturer
School of Film, Media and Cultural Studies
Griffith University
Nathan, Qld, 4111.

Email: m.finn@mailbox.gu.edu.au
Room: 2.44, Level 2 Humanities Building
Phone: 3875 7434
Mobile: 0412 248 150