To complain about prohibited internet gambling content - (1) Australian Broadcasting Authority (ABA)
- The ABA is an independent federal statutory authority that regulates free-to-air radio and television,
- pay TV, digital broadcasting and internet content in Australia.
- As an Australian-based customer, you can complain to the ABA about internet gambling content
- that is, or may be, prohibited by law, in line with the Interactive Gambling Act 2001 (IGAct)
- that came in on 11 July 2001.
- The IGAct prohibits the provision of access by Australian-based customers to
- certain interactive gambling services. It is also an offence under the IGAct to provide
- certain Australian-based interactive gambling services to customers in designated countries.
- Prohibited Internet gambling content is Internet content that can be accessed,
- or is available for access, by customers of a prohibited Internet gambling service.
- A prohibited Internet gambling service is a gambling service provided,
- in the course of carrying on a business, to customers using an Internet carriage service,
- and an individual physically present in Australia is capable of becoming a customer of the service.
- The IGAct sets outs certain exclusions to prohibited Internet gambling services,
- eg. telephone betting services. More info from the ABA site.
- Interactive gambling industry code
- On 13 December 2001 the ABA registered the interactive gambling industry code
- developed by the Internet Industry Association (IIA) to apply to Internet service providers (ISPs).
- The code outlines the procedures to be followed in relation to Internet gambling content
- hosted outside Australia. It makes provision for ISPs to provide their customers with
- one of the approved filters listed in Schedule 1 of the code. Approved filters include client-side
- filter products and filtered Internet services. Amongst other things, the code specifically outlines
- the responsibilities of ISPs in relation to:
- giving customers information about the availability, use and appropriate application of
- Internet content filtering software; and
- providing the option of customers
subscribing to a filtered Internet carriage service.
- Contact the ABA at - Level
15, Darling Park 201 Sussex St Sydney 2000
- PO Box Q500 Queen Victoria Bldg Sydney 2000
- Phone - (02) 9334 7700
Freecall™ 1800 226 667
TTY - (02) 9334 7777
Fax - (02) 9334 7783
ABA email link
ABA website link- How to complain
- The ABA accepts complaints about prohibited Internet gambling content from Australian residents,
- or from companies trading in Australia. Complaints are to be made in writing.
- You may use the ABA's Online complaints form.
- The action the ABA will take on prohibited Internet gambling content
- will depend on whether the content is hosted in Australia or overseas.
- If it is hosted in Australia, the ABA must not investigate the complaint. Where it believes that
- the complaint should be referred to an Australian police force, it will refer it to the Australian Federal Police.
- If the ABA finds that content is prohibited Internet gambling content hosted outside Australia,
- it will notify the content to makers of the 'Approved Filters' listed in Schedule 1 to the Interactive
- Gambling Act Industry code. As with the established Online content scheme, the makers of approved
- filters will review their filter lists in the light of these notifications. Where the ABA believes that the
- complaint should also be referred to an Australian police force, the ABA intends to refer the matter
- to the AFP if the material is hosted in a country of interest to the AFP.
- (2) You may also contact the Internet Industry Association (IIA) in Canberra.
- As the national industry body for the Internet in Australia, the IIA the has been active in identifying
- and responding to consumer and small business concerns as well as providing regulatory compliance
- tools for members. Part of this process involves the development of industry codes of practice -
- The Interactive Gambling Industry Code
- The Content Regulation Code of Practice
- Privacy Code (draft)
- Cybercrime Code (draft)
- PO Box 3984 Manuka 2603
- Phone - (02) 6232 6900
- Fax - (02) 6232 6513
- IIA email link
- IIA website link
- (3) And, OzNetLaw is a community-based legal practice that provides free legal information
- about internet and e-commerce related law.
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