53 across sectors and across EU Member States. Computer games-rating, for example, has the potential for developing into a pan-European structure. Clear procedures for auditing self-regulatory structures are required, however. 7.3.17 The Australian co-regulatory scheme is found in the Broadcasting Services Act, which now addresses risks associated with illegal content and with content that is unsuitable for children. The scheme is based on the development of codes of practice by industry and the operation of a complaints hotline by the Australian Broadcasting Authority (ABA). The codes, which govern Internet Service Providers and Internet Content Hosts, were developed by the Internet Industry Association in consultation with the community, industry and a community advisory body, NetAlert. The codes apply to all Australian ISPs and ICHs and the ABA may direct an ISP or ICH to comply; failure to comply with an ABA direction constitutes an offence under the Broadcasting Services Act. The codes require such matters as encouraging Content Providers to use appropriate labelling systems, and providing information to users about procedures that parents can use to control children’s access to Internet content through the use of filtering software and labelling systems. The ISPs themselves are not required to classify or censor material and are protected from legal action from content providers whose material has been blocked if they were complying with a code or an ABA direction. Similarly, ICHs are protected from legal action from content providers or civil proceedings in respect of anything they have done in compliance with the code or an ABA direction. 7.3.18 A co-regulatory approach has a number of attractions for Botswana. There are strong international models, particularly in Europe and Australia/New Zealand, on which Botswana can rely. Indeed, as noted, in some cases, it would be possible to adopt or adapt ratings systems that are already in place, such as those for computer games. A co-regulatory approach is likely to be more flexible and allow for technological flexibility, an advantage in an area where convergence and rapid change are important factors. At the same time, a “softer” regulatory hand may allow for fuller consideration of the competing values and interests that are at play in matters of “inappropriate” content. In addition to preventing, investigating and prosecuting unlawful conduct (such as exploitation of children or incitement of hatred), society has an interest in promoting free speech, artistic expression, providing broad access to information from around the world and domestically, protecting reasonable expectations of privacy, and supporting legitimate commerce and personal relationships.

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