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Banned
Purposes
The global scope of the Internet poses enormous cross-jurisdictional
problems for the regulation of harmful and illegal content over
the Internet and its use for illegal purposes. Jurisdictional difficulties
have to be addressed through stronger international co-operation.
Point 3 of the September 1998 US-Irish Communiqué on Electronic
Commerce states that the governments will act to encourage “international
co-operation between law enforcement authorities as a means of combating
and preventing illegal activities on the Internet and the exploitation
and illegal use of electronic commerce by criminal and terrorist
organisations”.
In January of 1999 the European Parliament and European Council
of Ministers adopted an action plan on the promotion of safer use
of the Internet by combating illegal and harmful content on global
networks, primarily aimed at promoting industry self-regulation
and content monitoring schemes, the use of filtering tools, and
raising among users the levels of awareness of services provided
by industry.
In
June 1998 the First Report of the Working Group on the illegal and
harmful use of the Internet was published in Ireland. It made a
number of interim recommendations. These include the introduction
of common codes of practice and acceptable terms and conditions
of use as a component of a system of self-regulation by ISP’s
the establishment of a complaints hotline and an advisory council
to co-ordinate measures to ensure a safe Internet environment.
One
of the more relevant pieces of Irish legislation in this area is
the Child Trafficking and Pornography Act, 1998 which outlaws child
pornography, the sexual exploitation of children and child trafficking.
It criminalises the possession of child pornography and contains
extensive entry, search and seizure, and forfeiture provisions.
It is an offence for a body corporate to have committed or to have
connived in the commission of any of the offences criminalised by
the Act.
The European Commission is proposing a Directive on certain legal
aspects of electronic commerce in an internal market and this proposed
Directive contains provisions that seek to limit ISPs’ liability
for illegal online activities initiated by third parties.
For further information or general enquiries contact: -
Patrick Ryan
Email: pryan@kilroys.ie
Telephone: +3531-439 5600
Fax: +3531-439 5601/439 5602
© Kilroys Solicitors 2002 - 2003
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