ACMA Prohibited Links: where does the liability fall?

March 20, 2009 — 8 Comments

Is it illegal for Australians to link to the alleged ACMA blacklist on Wikileaks?

Here’s ACMA quoted at news.com.au

ACMA threatens fines of up to $11,000 a day for linking to sites on its secret censorship blacklist

I’m not a lawyer, so I could be wrong, but is it actually illegal for individuals to link to the list?

The Communications Legislation Amendment (Content Services) Act 2007 which details Schedule 7 of the Broadcasting Act and the links offense refers to “service providers” in Section 62 and I can find no reference to individuals.

I make the query because when ACMA went after a link to prohibited content on Whirlpool, they didn’t go after Whirlpool or the person who posted the link, they went after the web host. From The Oz

On March 10, ACMA issued Sydney web hosting company Bulletproof Networks with an “interim link-deletion notice” for allowing its customer, the Whirlpool internet community website, to post the link to an anti-abortion web page blacklisted by the regulator.

This doesn’t negate the fact that sites hosting links to prohibited content under the act can and are deemed prohibited themselves, only that the individuals may not be liable under the Act for placing the link, only the web hosts who are hosting the link.

Personally I haven’t linked to it, although I commend those that have. Ultimately I don’t want any site I own on the Governments blacklist for commercial reasons, so it’s a risk I’m not willing to take, because despite possibly no individual liability, sites can and will be banned.

If anyone knows differently, let me know, I could be wrong here, but this is how I read it.

Update: it could possibly be argued under different parts of the act (or a different act) that the act of linking is the promotion of illegal material and may be illegal, but even in this case, the $11,000 fines relate to “service providers” and not individuals.

8 responses to ACMA Prohibited Links: where does the liability fall?

  1. Personally, I've linked to the site on Twitter, Facebook, Myspace, and every other social site that I can post information on. My goal is to get them to add all of these social sites to the list as well.

    We need to stand up strong that linking to something is not a crime – otherwise the internet as we know it is headed down a very slippery slope.

    Linking is no different than providing directions. It's the real world equivalent of holding me accountable for murders you committed because I gave you directions to Bass Pro Shops to buy a gun.

  2. Bass Pro Shop eh? I never knew where I could arm myself to the teeth, but thanks for the heads up. Let the mayhem begin! *maniacal laughter*

  3. Bass Pro Shop eh? I never knew where I could arm myself to the teeth, but thanks for the heads up. Let the mayhem begin! *maniacal laughter*

  4. i think it's not a ctrime to give link on website.i personally linked on many social site and many organization site news portal site.my goal is to give direction to others to find them tergeted site.sometimes i thought that it's realy harmful for interent user to give links…..

    Regards,
    Ravi Verma
    __________
    Mens Ties

  5. $11,000 is surely a lot of money.

  6. $11,000 is surely a lot of money.

  7. $11,000 is surely a lot of money.

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