Net Neutrality Act 2018

Network Neutrality Bill 2018
No. , 2018
Written by Senator Bsharri
Introduced by JoshyrA MP


A Bill for an Act to implement a framework for the
protection of the neutrality of the internet and Australian
internet consumers, and for related purposes.

Explanatory Memorandum

This bill puts in place a new legislative framework to defend Network Neutrality,
preventing internet service providers from ​intentionally blocking, slowing down or
charging money for specific websites and online content. It will ensure that all
internet traffic shall be treated equally by service providers and that Australian
internet consumers do not suffer discrimination. The bill also provides for exceptions
in the cases of internet security, spam prevention, and law enforcement.


Second Reading Speech

Mr Speaker,
I rise to speak in favour of this most important piece of legislation. While our country
has never had laws enshrining the principle of net neutrality, the recent decision by
the US Federal Communications Commision to repeal net neutrality protections
means that we need our own now more than ever. Whether we like it or not, the
American repeal will change the behaviour and norms of carriage service providers
here in Australia, increasing instances of arbitrary slow-downs and blocks for
Australian internet consumers. The straight-forward regulatory framework created in
this bill will act as a deterrent to any company operating in Australia following the
disturbing trend away from net neutrality that we have seen in the United States, and
ensure the right of Australian consumers to affordable and quality internet access. I
urge all members to vote in favour of the bill and help ensure the neutrality of the
internet in Australia for future generations.
The Parliament of AustraliaSim enacts the following

PART 1 - PRELIMINARY

1. Short Title
This Act may be cited as the ​Net Neutrality Act 2018.


2. Commencement
This Act is to commence on the day it receives Royal assent.


3. Objects of this Act
   (1) The object of this act is to create a regulatory framework that promotes:
          (a) The long‑term interests of end‑users of carriage services or of services
              provided by means of carriage services; and
          (b) The availability of accessible and affordable carriage services that
              enhance the welfare of Australians; and
          (c) The continued neutrality of the internet for current and future
              generations of Australians.


4. Definitions
In this Act:

       carriage service​ and ​carriage service provider​ have the meaning given by
       the Telecommunications Act 1997.

       end-user​ means ​a person who ultimately uses or is intended to ultimately use
       a product.

       penalty unit​ is as set out in Section 4AA of the Crimes Act 1914.
PART 2 - APPLICATION

5. Obligations of Service Providers
  (1) A carriage service provider must not:
         (a) Arbitrarily block, interfere with, slow down, or restrict in any way the
             right of any end-users to utilize, send, receive, or offer any legal
             content, application, website, or service through the Internet; or
         (b) Limit the right of any end-users to incorporate or utilize any type of
             legal instruments, devices, or appliances on the Internet, insofar as
             they do not damage the network or decrease quality of service.
      Penalty: 1000 penalty units.

  (2) A carriage service provider must publish on their website accurate information
      related to the characteristics of the internet access that they offer, including
      but not limited to its speed, price, and connection quality.
      Penalty: 100 penalty units per month.


6. Exemptions
  (1) Section 5 of this Act may not necessarily apply when:
         (a) Preserving the integrity and security of the network and service of the
             provider or the equipment of the end-user, provided that the service
             provider has notified the end-user first and give them sufficient time to
             rectify the situation, should the breach of integrity or security be caused
             by the equipment of the end-user; or
         (b) Blocking the transmission of unwanted communications and spam to
             an end-user, provided that the end-user has given explicit consent
             beforehand; or
         (c) Complying with the law or a warrant, given that the end-user affected is
             the subject of the warrant in question; or
         (d) All reasonable steps have been taken by the provider to prevent
             damage to a network, and damage still occurs. This would include
             damage that occurs that is outside the providers control.
  (2) Section 5(2) does not necessarily apply when a network error occurs which is
      seen as outside the providers control.