Project Business Ethics

Internet Censorship:
Law & policy around the world

This report contains information on government policy and/or laws regarding Internet censorship in various countries around the world. The information was compiled by EFA in March 2002 in response to a request from the Chair of a NSW Parliamentary Committee inquiring into a NSW Bill intended to censor the Internet (for background, see the Introduction section below).

Introduction:

This report contains information on government policy and/or laws regarding Internet censorship in various countries around the world. Information herein was compiled by EFA in March 2002 in response to a request by the Chair of the NSW Standing Committee on Social Issues for information on whether or not other countries have Internet censorship laws similar to Schedule 2 of the NSW Classification (Publications, Films and Computer Games) Enforcement Amendment Bill 2001. (For detailed information about this Bill, see the NSW Internet Censorship Bill section of EFA's web site).

EFA subsequently undertook extensive research into the current status of laws and government policy outside Australia. EFA was unable to find any indication that any country broadly comparable to Australia (in terms of democratic political systems and cultures) has, or intends to introduce, Internet censorship laws as restrictive as the provisions of the NSW Bill, nor as restrictive as existing Commonwealth legislation. While numerous countries have laws of general application applicable to Internet content such as child pornography or incitement to racial hatred, they do not prohibit or otherwise restrict provision of "matter unsuitable for minors" on the Internet.

The lack of similar laws in comparable countries is not due to a failure of Parliaments or Governments to consider the problems of illegal content or content unsuitable for minors on the Internet. Rather, it reflects a different approach from that in Australia to dealing with the problems.

The remainder of this document contains an overview of governmental approaches to dealing with Internet content that is illegal, or is unsuitable for minors, followed by sections containing more detailed information about various countries.

Overview:

Since approximately 1995, numerous governments around the world have been addressing the problems of material on the Internet that is illegal under their offline laws, and also that considered harmful or otherwise unsuitable for minors. The nature of material of principal concern has varied substantially. For example: political speech; promotion of or incitement to racial hatred; pornographic material. Few governments have attempted to ban or otherwise legislatively restrict access to "matter unsuitable for minors" as distinct from material illegal to distribute to adults.

As at March 2002, government policies concerning censorship of the Internet may be broadly grouped into four categories: