Guidelines for the lawful disruption of access to online services

Listen

We are seeking your feedback on guidelines to improve the transparency of government agencies' use of section 313(3) to request internet service provider's assistance to disrupt access to online services.

Why we want your input

We want your feedback on the draft guidelines so that they achieve the right balance between improved transparency in the use of section 313(3) and government agencies' operational needs.

How you can voice your opinion

You can have your say by providing a written submission by 27 May 2016.

What will be the outcome of this consultation?

Your submissions will inform the development of the final guidelines for government agencies.

The Issue

The Government has released draft whole of government guidelines for the use of section 313(3) of the Telecommunications Act 1997 for comment.

Section 313(3) provides government agencies with the ability to seek assistance from telecommunications providers to disrupt access to illegal online services through the blocking of websites.

The draft guidelines have been prepared in response to the June 2015 report Balancing Freedom and Protection, Inquiry into the use of subsection 313(3) of the Telecommunications Act 1997 by government agencies to disrupt the operation of illegal online services. This report was prepared by the former House of Representatives Standing Committee on Infrastructure and Communications.

The Committee recommended the Government adopt whole-of-government guidelines for the use of section 313(3) by agencies to disrupt access to online services. The Committee also recommended that government agencies using the section have the required level of technical expertise to carry out such activity or have access to the expertise.

The Government has responded to the Committee, supporting the recommendations.

Relevant Documentation

Australian Government draft guidelines for the use of section 313(3) of the Telecommunications Act 1997 by government agencies for the lawful disruption of access to online services

Published 21st Apr 2016

Download PDF (899.96 KB) Download DOC (1.11 MB)

These whole-of-government guidelines have been released in response to the June 2015 report, Balancing Freedom and Protection, Inquiry into the use of subsection 313(3) of the Telecommunications Act 1997 by government agencies to disrupt the operation of illegal online services by the former House of Representatives Standing Committee on Infrastructure and Communications.

Outcome

On 17 July 2017 the Minister for Communications and the Arts released guidelines that provide direction to government, law enforcement and intelligence agencies when using section 313(3) of the Telecommunications Act 1997.

Agencies should report use of section 313(3) to disrupt access to online services to the Australian Communications and Media Authority (ACMA). The first reporting period is the 2017–18 financial year. Further information on this is available on the ACMA website.

Section 313(3) guidelines: Australian Government Guidelines for use of Section 313.