Why does the legislation focus on ISPs and ICHs when the real responsibility lies with the people who create or transfer offensive material on the Internet and/or with the people who download it?
The Commonwealth legislation regulates the activities of ISPs and ICHs. The second tier of the regulatory framework will be uniform State and Territory legislation (along with Section 85ZE of the Crimes Act 1914) regulating the activities of persons who create offensive material, who transfer such material onto or from the Internet, or who use such material. The State and Territory legislation is intended to complement the Commonwealth legislation providing for a regulatory framework at the industry level, and ensuring that those who have prime responsibility for content are accountable.
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