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New Codes of Practice and Ethics for ISPs : Key features
General:
- Code
will be subject to review after 1 year of operation
- ISPAI
Board may propose regulatory policies on Internet issues
from time to time
- references
to "illegal" is taken to mean the criminal law
(e.g., copyright excluded)
- in
general,complaints are referred to ISP's in the first instance
ISP
services and promotional material they must not contain material
which is
- illegal
, misleading, likely to incite violence or cruelty, racial
hatred, prejudice, discrimination
even if not illegal, is considered inappropriate or calculated
to cause distress, anxiety, inconvenience to others
- must
include link to hotline
Mandatory
acceptable use policies (AUPs) for ISPs
- customers
cannot use ISP service to create, host, transmit material
which is unlawful / libellous / abusive / offensive / vulgar
/ obscene / calculated to cause unreasonable offence
- AUPs
must include "harmful material" clauses (as opposed
to confining code to illegal material)
- ISPs
must obey instructions from hotline to remove specified
material
Relationship
to hotline : ISPs must
- provide
point of contact
- comply
with take-down notices
- retain
copies of removed material if requested by hotline/ Gardai
User
empowerment
- ISPAI
encourages a policy of end-user empowerment
- hotline
must actively seek to empower end users by providing information
on ways to protect themselves and their children
New
formal complaints procedures about 3rd party content
- formal
standards of response times for all complaints to SPs
- different
"complaint streams" for illegal and harmful material
complaints
about harmful material
- "harmful"
now fully defined
- complaint
sent directly to ISP or channelled by hotline
- complaint
processed by reference to AUP
- formal
standards of response times will apply
complaints
about illegal material
- complainant
advised about originator (if possible)
- ISP
tries to resolve in first instance
- Hotline
then investigates if unresolved
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