Online licensing Flashcards
How does US law for licensing look like?
- No licensing of online providers - first amendment prohibits prior restraint
- Fewer content restrictions, most generally applicable laws enforced e.g child pornography laws
- Obscenity laws abandoned online
- Online indecency laws found unconstitutional in 1990s
Group 1 licensing means that licensee must
- make best efforts to ensure that prohibited material is not broadcast via Internet to users in SG
- deny access to prohibited content
FINES for violating
Group 1 licensing targets
Internet content providers: individuals or corporations deemed to have a class licece that can be revoked
Group 1 licensing orders have been mostly used for
sexually explicit content
Group 2 licensing means that licenseee must
register within 14 days of beginning operations
Who does Group 2 licensees include
Internet Service Providers
Political parties
Online newsppaer
Discussers and promoters of political or religious issues in SG
Why is Group 2 licensing a thing
- for authorities to be able to reach you
2. to ensure local control or funding
When was group 1, 2 created? When was group 3 created?
1996
2013 - supplements 1996 scheme
What do Group 3 licensees have to do
get a individual licence with bond of $50,000 if site has
- more than 50,000 visitors per month for more than 2 months and
- publishes average of at least 1 article/week for those months
- obey takedown orders to remove prohibited content within 24 hours
What is the internet code of practice?
what is prohibited and must be denied access to
when violated, can be fined
Why should we regulate pornography?
- FOE leads to erosion of community morality
- Govt should enforce dominant morality to strengthen morality, it binds society together
- Nothing is ever private, what we do or think in private affects how we act
Why should we not regulate pornography?
Self realisation rationale
- Individuals need information to make decisions that are life-affecting
- We need FOE for all matters to develop our views and become our full selves
What is the self-realisation rationale most similar to?
the marketplace of ideas rationale
What is the UK Obscenity Test called? what are the criteria?
Hicklin Test
- Tending to deprave and corrupt
- Does not have literary merit
What is the SG obscenity test criterion?
Effect is, when taken as a whole,
tending to deprave and corrupt
What does the SG obscenity law say about obscene material? What does it cover?
- cannot PID: possess, import or distribute
2. applies to digital files and electronic transmission
is obscenity law criminal law in SG?
yes, you can be fined or jailed
What is US obscenity law?
the Miller test
Distribution can be criminalised
Posession is ok
What is the Miller Test?
The average person, applying community standards would find that as a whole, work
1. Appeals to prurient interest (excessive sexual interest)
2. Depicts in offensive way, sexual conduct specifically defined by state law
AND Lacks LAPS value (literary, artistic, political or scientific)
What are examples of obscene material in the US?
Hard core pornography
Offensive, masturbation, excretory functions, lewd exhibition of genitals
What are examples of what is not obscene material in the US?
Not obscene: can see in US mainstream content
Bare breasts
Genitals
Sex acts
How are election surveys regulated in SG?
There will be a blackout on publishing results from writ of elections to closing of polls
What are the exceptions to prohibitions on polling and cooling off day?
NOA:
News, One-on-one communication, Already published material
What does the SG print newspaper require?
- a 1-year permit
- monetary deposit
- management scheme where owner is
- SGrean
- approved by the Minister
