Publication Series - Internet Law

The emergence of the Internet as a mainstream communications system poses challenges for the law. Already, it has resulted in new laws and proposals for legislative change. The quality of the legal response to the Internet depends upon an understanding of what makes the Internet different.

The Centre has produced a series of research reports examining legal issues raised by the Internet.

• Censoring the Internet: the Australian Approach to Internet Content Regulation (Research Paper No. 9, November 1999)
  
• Liability for the Publication of Defamatory Material via the Internet (Research Paper No. 10, March 2000)
  
• Copyright Infringement via the Internet: the Liability of Intermediaries (Research Paper No. 11, May 2000)
  
• The Future of Fair Dealing Defence to Copyright Infringement (Research Paper No 12, November 2000)
  
  The first of the reports focuses on legislation introduced in 1999 dealing with offensive Internet content. The legislation was enacted as Schedule 5 to the Broadcasting Services Act 1992 (Cth). The report explains the problems involved with applying old models of content regulation to the Internet.

The second and third reports deal with liability for defamatory statements, and for copyright infringements, made by means of the Internet. The liability of Internet intermediaries - Internet Service Providers (ISPs), telecommunications carriers and content hosts - is an issue of practical importance. As intermediaries have only limited involvement in the production of content, applying existing principles of legal liability is far from straightforward. The reports explore the application of existing rules, explain the problems of applying these rules and evaluate recommendations for amending the law, placing Australian law in the context of international trends.

The fourth report deals with how the Internet is influencing the future shape of copyright law. It explains how it is impossible to preserve the existing balance between incentives and access in the digital environment. It concludes that the defence of fair dealing will become less important, but that this development should not cause undue alarm.

Copies of some research papers are available. Please contact the Administrator, CMCL: law-cmcl@unimelb.edu.au.