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The Zugangserschwerungsgesetz (Access Impediment Act, or ZugErschwG) was a German law that aimed to make it difficult to access sites on the World Wide Web with depictions of sexual activity by and against children (child pornography). The Federal Criminal Police Office would maintain a list of sites found to contain child pornography as defined by German criminal law. A two-fold strategy was intended: if it proved impossible to have offending sites taken down in appropriate time, German Internet service providers would be required to block access to the sites through methods such as DNS poisoning. Surfers would be redirected to a page showing a “stop” sign. Prosecution solely because of an attempt to access blocked site or domain was not planned.
The move to introduce Internet blocking started in 2008; it was promoted by Ursula von der Leyen, then minister for family affairs, who campaigned for ISPs to introduce blocking through self-regulatory agreements with the government. Some providers signed such agreements, but before any measures could be implemented, the government decided that a stronger legal foundation was required. This led to the Bundestag passing the Zugangserschwerungsgesetz on 18 June 2009. From the start, the project was the subject of intense political debate, in which the family minister gained the iconic nickname Zensursula – a portmanteau of the German word Zensur for “censorship” and her first name Ursula. [1] Arguments were put forward that blocking was ineffective, it was seen as an introduction of censorship, and many legal experts believed the act violated the German constitution. [2]
The tide turned when federal elections in September 2009 led to a change in the government coalition. The Social Democrats, which had supported the law, suffered heavy losses and were replaced by the Free Democrats, who had achieved a record result and had spoken out against Internet blocking. The new coalition agreed that no further moves towards blocking would be made. In November 2009, German President Horst Köhler decided to ask the government for further information before he could sign the act, [3] but ultimately he found no reasons to stop the act's passage into law and gave his signature in February 2010. [4] As the new government had already resolved not to implement Internet blocking, a “non-application directive” was issued by the government, instructing the Criminal Police Office that only the act's take-down provisions were to be used. A review was to take place after one year. In April 2011, the government finally decided to repeal the Zugangserschwerungsgesetz altogether. [5] [6] The revocation bill completed its passage through the Bundestag on 1 December 2011.
Internet censorship in Australia is enforced by both the country's criminal law as well as voluntarily enacted by internet service providers. The Australian Communications and Media Authority (ACMA) has the power to enforce content restrictions on Internet content hosted within Australia, and maintain a blocklist of overseas websites which is then provided for use in filtering software. The restrictions focus primarily on child pornography, sexual violence, and other illegal activities, compiled as a result of a consumer complaints process.
Pornography laws by region vary throughout the world. The production and distribution of pornographic films are both activities that are legal in some but not all countries, as long as the pornography features performers above a certain age, usually 18 years. Further restrictions are often placed on such material.
Internet censorship in India is done by both central and state governments. DNS filtering and educating service users in suggested usages is an active strategy and government policy to regulate and block access to Internet content on a large scale. Measures for removing content at the request of content creators through court orders have also become more common in recent years. Initiating a mass surveillance government project like Golden Shield Project is an alternative that has been discussed over the years by government bodies.
Internet censorship is the legal control or suppression of what can be accessed, published, or viewed on the Internet. Censorship is most often applied to specific internet domains but exceptionally may extend to all Internet resources located outside the jurisdiction of the censoring state. Internet censorship may also put restrictions on what information can be made internet accessible. Organizations providing internet access – such as schools and libraries – may choose to preclude access to material that they consider undesirable, offensive, age-inappropriate or even illegal, and regard this as ethical behavior rather than censorship. Individuals and organizations may engage in self-censorship of material they publish, for moral, religious, or business reasons, to conform to societal norms, political views, due to intimidation, or out of fear of legal or other consequences.
Internet censorship in the United States is the suppression of information published or viewed on the Internet in the United States. The First Amendment of the United States Constitution protects freedom of speech and expression against federal, state, and local government censorship.
Most Internet censorship in Thailand prior to the September 2006 military coup d'état was focused on blocking pornographic websites. The following years have seen a constant stream of sometimes violent protests, regional unrest, emergency decrees, a new cybercrimes law, and an updated Internal Security Act. Year by year Internet censorship has grown, with its focus shifting to lèse majesté, national security, and political issues. By 2010, estimates put the number of websites blocked at over 110,000. In December 2011, a dedicated government operation, the Cyber Security Operation Center, was opened. Between its opening and March 2014, the Center told ISPs to block 22,599 URLs.
Internet censorship in the United Kingdom is conducted under a variety of laws, judicial processes, administrative regulations and voluntary arrangements. It is achieved by blocking access to sites as well as the use of laws that criminalise publication or possession of certain types of material. These include English defamation law, the Copyright law of the United Kingdom, regulations against incitement to terrorism and child pornography.
According to research done by the Organisation for Economic Co-operation and Development (OECD), the Netherlands is ranked with Switzerland in having the most broadband subscriptions per 100 inhabitants, has no bandwidth caps, and has the most homes passed in Europe in terms of connection speeds of 50 Mbit/s and higher.
Censorship in Denmark has been prohibited since 1849 by the Constitution:
§ 77: Any person shall be at liberty to publish his ideas in print, in writing, and in speech, subject to his being held responsible in a court of law. Censorship and other preventive measures shall never again be introduced.
In general, there is relatively little Internet censorship in Hong Kong beyond laws that criminalize the distribution of unlicensed copyrighted material and obscene images, particularly child pornography when compared to the rest of China.
Lapsiporno.info is a Finnish website opposed to Internet censorship. The website was founded and is maintained by software developer, researcher and Internet activist Matti Nikki, who previously attracted international attention by analyzing Sony BMG's digital rights management rootkit that the company's products automatically installed on users' computers. The website focuses on the internet censorship in Finland, its effectiveness, and the issues and problems related to it.
The Internet Watch Foundation (IWF) is a global registered charity based in Cambridge, England. It states that its remit is "to minimise the availability of online sexual abuse content, specifically child sexual abuse images and videos hosted anywhere in the world and non-photographic child sexual abuse images hosted in the UK." Content inciting racial hatred was removed from the IWF's remit after a police website was set up for the purpose in April 2011. The IWF used to also take reports of criminally obscene adult content hosted in the UK. This was removed from the IWF's remit in 2017. As part of its function, the IWF says that it will "supply partners with an accurate and current URL list to enable blocking of child sexual abuse content". It has "an excellent and responsive national Hotline reporting service" for receiving reports from the public. In addition to receiving referrals from the public, its agents also proactively search the open web and deep web to identify child sexual abuse images and videos. It can then ask service providers to take down the websites containing the images or to block them if they fall outside UK jurisdiction.
Although Internet censorship in Germany is traditionally been rated as low, it is practised directly and indirectly through various laws and court decisions. German law provides for freedom of speech and press with several exceptions, including what The Guardian has called "some of the world's toughest laws around hate speech". An example of content censored by law is the removal of web sites from Google search results that deny the holocaust, which is a felony under German law. According to the Google Transparency Report, the German government is frequently one of the most active in requesting user data after the United States. However, in Freedom House's Freedom On the Net 2022 Report, Germany was rated the eighth most free of the 70 countries rated.
Internet censorship in South Korea is prevalent, and contains some unique elements such as the blocking of pro-North Korea websites, and to a lesser extent, Japanese websites, which led to it being categorized as "pervasive" in the conflict/security area by OpenNet Initiative. South Korea is also one of the few developed countries where pornography is largely illegal, with the exception of social media websites which are a common source of legal pornography in the country. Any and all material deemed "harmful" or subversive by the state is censored. The country also has a "cyber defamation law", which allow the police to crack down on comments deemed "hateful" without any reports from victims, with citizens being sentenced for such offenses.
There is medium internet censorship in France, including limited filtering of child pornography, laws against websites that promote terrorism or racial hatred, and attempts to protect copyright. The "Freedom on the Net" report by Freedom House has consistently listed France as a country with Internet freedom. Its global ranking was 6 in 2013 and 12 in 2017. A sharp decline in its score, second only to Libya was noted in 2015 and attributed to "problematic policies adopted in the aftermath of the Charlie Hebdo terrorist attack, such as restrictions on content that could be seen as 'apology for terrorism,' prosecutions of users, and significantly increased surveillance."
Pornography in Pakistan is subject to several legal provisions. The Government of Pakistan has placed ban on internet websites containing such material since November 2011. Major pornography website are already barred in Pakistan. In 2016, it was reported that government of Pakistan ordered Internet Service Providers (ISPs) in Pakistan to block more than 400,000 websites which contained pornographic content. Later in 2019, around 800,000 additional website containing pornographic content were banned by the Pakistan Telecom Authority on the order of government of Pakistan.
Freedom of expression in Canada is protected as a "fundamental freedom" by section 2 of the Canadian Charter of Rights and Freedoms; however, in practice the Charter permits the government to enforce "reasonable" limits censoring speech. Hate speech, obscenity, and defamation are common categories of restricted speech in Canada.
Florence v. Shurtleff, Civil No. 2:05CV000485, was a case in which the U.S. District Court for the District of Utah issued an order stating that individuals could not be prosecuted for posting adult content that was constitutionally protected on general access websites, nor could they be civilly liable for failing to prevent access to adult content, so long as the material is identifiable by filtering software. The order was the result of a 2005 lawsuit, The King's English v. Shurtleff, brought by Utah bookstores, artists, Internet Service Providers and the other organizations challenging the constitutionality of certain portions of a Utah law intended to protect minors from adult content.
The precise number of websites blocked in the United Kingdom is unknown. Blocking techniques vary from one Internet service provider (ISP) to another with some sites or specific URLs blocked by some ISPs and not others. Websites and services are blocked using a combination of data feeds from private content-control technology companies, government agencies, NGOs, court orders in conjunction with the service administrators who may or may not have the power to unblock, additionally block, appeal or recategorise blocked content.
This list of Internet censorship and surveillance in Europe provides information on the types and levels of Internet censorship and surveillance that is occurring in countries in Europe.