Senator Ludlam asked:

In the last year or two, how many URLs were added to the blacklist as a result of investigations under the Broadcasting Services Act 1992?

Answer:

In the period 1 January 2008 to 31 December 2008, ACMA notified 1206 URLs relating to prohibited content and potential prohibited content hosted outside Australia to the makers of filter software pursuant to clause 40(1)(b) of Schedule 5 to the Broadcasting Services Act 1992 (the BSA) and the code of practice registered pursuant to clause 60(2) of the BSA.

In the period 1 January 2007 to 31 December 2007, 1812 were notified.

The figures stated above include any duplicate notifications resulting from multiple complaints about a specific URL during the period.

Senator Ludlam asked:

Please provide a breakdown of the degree of churn and the number that were taken off both sides of the ledger.

Answer:

In the period 1 January 2008 to 31 December 2008, ACMA added 1206 items of content to its list of prohibited and potential prohibited internet content hosted outside Australia, maintained pursuant to Schedule 5 to the Broadcasting Services Act 1992. Over the same period, ACMA removed 1048 items that no longer provided access to prohibited content or potential prohibited content. These figures include multiple instances of some URLs that were the subject of multiple complaints over this period.

Senator Ludlam asked:

In your Annual Report 2007-2008 you state that ACMA actioned a number of "RC - Child - depiction". How many items were referred by ACMA to the Australian Federal Police or State or Territory police forces?

Answer:

In the financial year 1 July 2007 to 30 June 2008, ACMA took action on 410 items of prohibited content and potential prohibited content which were hosted outside Australia and which were considered likely to be classified RC in accordance with item 1(b) of the Films Table of the National Classification Code. Of the 410 URLs, 344 URLs were referred to a hotline which is a member of the International Association of Internet Hotlines (INHOPE), for assessment under applicable legislation in the country concerned, and referral to the relevant law enforcement agency in that country, if appropriate. This arrangement is by written agreement with the Australian Federal Police pursuant to clause 40(1)(a)(ii) if Schedule 5 to the Broadcasting Services Act 1992. Sixty-six items of content were referred directly to the Australian Federal Police, due to the lack of an INHOPE member hotline in the country in which the content was hosted.

In the same period, a further 11 items of prohibited content which were hosted in Australia, and which the Classification Board classified RC in accordance with item 1(b) of the Films Table of the National Classification Code, were referred to Commonwealth, and State or Territory law enforcement agencies.

Senator Ludlam asked:

One study conducted in July 2008 by Drs. Richard Clayton and Tyler Moore from Cambridge University in England found that responses to complaints by banks to phishing websites was very fast - about 3.5 hours, but that child sexual abuse website took 150 times longer than banking fraud sites to take down. Would you say that this is the case in Australia - that a prohibited content decision takes over 100 times longer to take down than a bank fraud site?

Answer:

ACMA understands that the July 2008 study examined processes undertaken outside Australia. As ACMA is not aware of comparable studies of reporting and take-down processes undertaken outside Australia it is not in a position to advise on such a comparison. ACMA can however provide information on the general timeframes which apply to its processes for dealing with complaints about suspected online depictions on child sexual abuse.

Under clause 47 of Schedule 7 to the Broadcasting Services Act 1992 (BSA) (and prior to 20 January 2008, clause 30 of Schedule 5 to the BSA), if in the course of an investigation ACMA locates online content that is prohibited content (as defined by clause 20 of Schedule 7 to the BSA) or potential prohibited content (as defined by clause 21 of Schedule 7 to the BSA) hosted in Australia, it must direct the host to take-down the content or otherwise take action to ensure that it is not prohibited content. A person who is given such a notice by ACMA must comply with the notice as soon as practicable, and in any event by 6.00 pm on the next business day, after the notice was given to the provider. Since 1 January 2000, ACMA has directed the take-down of 372 items of prohibited content hosted in Australia. In all cases the content host, hosting service provider or links service provider has complied with the notice within the required timeframe.

Senator Ludlam asked:

How many distinct URLs have been the subject of referrals received from ACMA in each 12 month period from 1 January 2000 to 31 December 2008? How many of those referrals resulted in criminal investigations (broken down by year)? Of those investigations, how many individuals became the subject of criminal charges (broken down by year)? Of those, how many individuals were convicted (broken down by year)? How many judicial findings were made pursuant to the Crimes Legislation Amendment (Telecommunications and Other Measures) Act (No. 2) 2004 to assert that URLs reported by ACMA were "Child Pornography Material" or "Child Abuse Material" as defined by the Act?

Answer:

The number of items of online content referred directly to Australian law enforcement agencies each year for the period 1 January 2000 to 31 December 2008 is set out below.

                      2000   2001  2002  2003  2004  2005  2006  2007  2008         Total

Referred to
State/Territory
Police (Items)    89     43      11     4       0        27      8        1        13          196
Referred to
Australian Federal
Police (Items)    156   197    84     49    168      216    83      163     66        1182

Actions taken by law enforcement agencies on ACMA's referrals and findings under Commonwealth criminal legislation are matters for those agencies.