While the review of the amendments to the Model Defamation Provisions is still ongoing, the recently closed consultation into the liability of Internet intermediaries for online defamatory material has indicated that Internet Service Providers will likely be granted a statutory exemption from liability. This comes off the back of the work IAA did, along with other industry representatives, in the last round of consultations regarding this matter. IAA has consistently argued that since ISPs merely providing access do not deal with content, the law should recognise this. While there was some opposition to the proposed exemption during an industry workshop, with suggestions that ISPs should rely on available defences instead, IAA has maintained in its submission that the exemption is necessary to provide ISPs with greater clarity and assurance when it comes to defamation law.  We have also asked that those involved in the mechanics and operation of other infrastructure services, such as DNS, should similarly be exempt. 

IAA’s Public Policy Advisory Panel met for its third quarter meeting on 7 September. While two panellists were unfortunately unable to attend, the Panel had a very spirited meeting, getting into the nitty gritty of telco legislation and the policy context. Sophia (IAA Policy Officer) gave an update on the consultations IAA have responded to since the last meeting (no less than 9!), as well as an overview of other work the policy team have been up to, including meetings with regulatory bodies and NBN Co, forums the team have participated in and publications that have been released. The Panel then discussed upcoming consultations and provided much guidance; sharing their knowledge on the various policy areas that will be of relevance in the coming months, and perspectives on where IAA should devote its focus.  

IAA is extremely grateful to the Panel members who dedicate their time to guide IAA’s advocacy work.  

The last chance to complete your asset registration under the new carrier licence condition and determination for eligible CSPs is 8 October 2022. Under this new determination, telcos must provide the Department of Home Affairs’ Cyber and Infrastructure Security Centre (CISC) with operational information in relation to their telecommunications assets. Where an entity holds a direct interest of at least 10% or a controlling stake in the asset, information about the interest and control in the asset must also be reported.   

An ‘asset’ is defined to be a tangible asset owned or operated by a carrier/eligible carriage service provider and is used to supply a carriage service. It does not refer to typical termination equipment on customer premises. An asset can be thought of by way of an analogy – the entire car as opposed to the individual components that make up the motor vehicle. Please visit the CISC website for further information. We have also created this helpful guide to assist you.