New livestreaming legislation fails to take into account how the internet actually works

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In response to the live streamed terror attack in New Zealand last month, new laws have just been passed by the Australian parliament.

Both are aimed not at terrorists but at technology companies. And how that’s done is where some of the new measures fall down.The laws focus on abhorrent violent material, capturing the terrorist incident in New Zealand, but also online content created by a person carrying out a murder, attempted murder, torture, rape or violent kidnapping.

The criminal element of fault is not that the service provider deliberately makes the material available, but rather that they are reckless with regards to identifying such content or providing access to it. Reckless, however, has been given a rather special meaning.Source:FacebookFocusing on regulating technology services is the right approach. Back in 2010 when I first raised this idea it was considered radical; today even Mark Zuckerberg supports government regulation.

Also to be welcomed is the new ability for the eSafety Commissioner to issue a notice to a company identifying an item of abhorrent violent material and to demand its removal. When the government is aware of such content, there must be a way to require rapid action. The law does this.

While the presumption can be rebutted, this is still quite different from what the Attorney-General’s press release claimed: Hosting services have the worse of it. They provide the space on servers that allows content to appear on the internet. It’s a little like the arrangement between a landlord and a tenant. With hosting plans starting from around $50 a year, there’s no margin to cover monitoring and complaints management.

 

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'... once they become aware their service is being used to access abhorrent violent material that occurred or is occurring ...' So I should inform the roads dept. that people are using the roads to access something bad at their friends place? Fkn idiot politicians. auspol

Typical knee-jerk reaction by Australian government, placing a poorly-defined and blanket policy in place without much thought or due diligence.

Orwellian

For fuck sake this will have a avalanche effect on alot of things we all enjoy. Does this mean the UFC will be banned because its “violent content” or maybe Game of thrones?

We are ruled by the dumbest lot of politicians and administrators ever. Wouldn't know a ROM from a RAM and that the internet was designed to stop the likes of you and other dictators from interfering with free speech. You can't stop it, wankers. Political posturing by Morrison.

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