ICOP Working Paper Executive Body
The executive body is planned to be facilitated by InternetNZ, with a mandate to operate as an independent body. It will oversee the policy and governance of the Internet Code of Practice. The executive body is not expected to be full-time, and InternetNZ will provide a secretariat for the operational requirements of the Code.
The executive body will be composed of representatives from the ISP industry, along with appropriate consumer representatives. The Consumers Institute, the Internet Safety Group, and InternetNZ may be suited to representing consumer and non-commercial interests.
Applicable New Zealand Legislation
There is no applicable legislation.
Content of other Codes
InternetNZ Internet Code of Practice 1999 |
There is no executive body specified in the Code. |
ISPAI : Code of Practice and Ethics 2002 |
The Code is administered by the ISPAI Board of Directors. |
Malta Internet Code of Practice |
The Internet Service Providers' Sub-Section of the Malta Chamber of Commerce is the disputes body, but they are not mentioned elsewhere in the Code as the executive body. |
CAIP Fair Practice Guidelines |
There is no executive body specified in the Code. |
CAIP Code of Conduct 1996 |
There is no executive body specified in the Code. |
Singapore Media Development Authority Code of Practice 1996 |
The Media Development Authority administers the Code under Singaporean Law. |
Australian Internet Industry Association Code of Practice on Internet Content |
The Code does not explicitly state who will administer the Code, but responsibility for prohibited content lies with the Australian Broadcasting Authority and other areas seem to be the responsibility of the IIA. |
Norway Code of Ethics for the Internet 2001 |
1.3 A special council shall be established to develop and maintain standards that promote the above considerations. The council shall also provide guidance and make decisions in concrete matters.
There are no further provisions for the creation of the council. |
Internet Service Providers Association : United Kingdom Code of Practice 2002 |
The Code is administered by the ISPA Council and secretariat. |
New Zealand Direct Selling Association Code of Practice |
Administration responsibilities for the Code are split between a Code Administrator and the Direct Selling Association. |
The executive will be responsible for overseeing the operation of the Internet Code of Practice. This should include monitoring and reviews of the effectiveness of its operation, updating provisions where appropriate, promoting the Code, and overseeing the operation of the complaints procedure. The executive may be given the power to issue regulations under the Code, and to issue guidelines on how the Code should be interpreted or applied.
A review of the Code should be conducted after an initial period of operation to ensure that it is functioning as intended, and that the issues it was intended to address have been appropriately covered. Further reviews will be undertaken at regular periods, at the request of industry members, or possibly on the decision of the executive.
Monitoring will be an ongoing process, and will require the secretariat staff to collect information, and provide agreed forms of reporting.
The provisions for updating the Code will either allow for ongoing changes, or allow changes as part of a review. It may be appropriate for signatories to propose updates, or initiate the process of considering changes. Changes to the Code will affect the rights and obligations of the parties involved, and so they must be publicised appropriately.
The decision making procedure for the executive will be an important governance issue. Majority votes may be the standard decision-making procedure, but it may be appropriate to require a greater level of consensus for important issues such as changing the Code.
Content of other Codes
InternetNZ Internet Code of Practice 1999 |
There are no specific provisions in the Code for reviewing or changing the Code. |
ISPAI : Code of Practice and Ethics 2002 |
3.5 The Code may be amended from time to time by 75% majority vote of Full Members of ISPAI and each Member shall be given notice of any resolution to amend the Code in accordance with the Articles. Notwithstanding this process, the Code will be subject to review one year after its implementation following on consultations with the Internet Advisory Board. 4.7 The Board may from time to time propose the adoption of Regulatory Policies on issues relevant to the Internet. These proposed Regulatory Policies must be adopted by a 75% majority of all Full Members voting to formally adopt such proposals as Regulatory Policies. Members who do not adhere to Regulatory Policies shall be deemed in breach of the Code. |
Malta Internet Code of Practice |
There are no specific provisions for reviewing or changing the Code. |
CAIP Fair Practice Guidelines |
There are no specific provisions for reviewing or changing the Code. |
CAIP Code of Conduct 1996 |
There are no specific provisions for reviewing or changing the Code. |
Singapore Media Development Authority Code of Practice 1996 |
There are no specific provisions for reviewing or changing the Code. The power to do so may be in the legislation authorising the Code. |
Australian Internet Industry Association Code of Practice on Internet Content |
5.6 This code was registered by the ABA on 9 May 2002 and will come into effect for implementation on that date. It will be formally reviewed within 18 months from the date of implementation. |
Norway Code of Ethics for the Internet 2001 |
The Code only includes provisions for involving the council in the complaints process. |
Internet Service Providers Association : United Kingdom Code of Practice 2002 |
(c) From time to time the Council may issue policy statements regarding matters relating to the regulation of the Internet in the UK. After due and proper consultation with the Members, such policy statements may be adopted as practice statements by ISPA (ISPA Practice Statements). Such Practice Statements shall be incorporated into the Code and shall thereby be binding on Members.
9. Changes to the Code 9.1 The ISPA Council may publish a policy statement as a Proposed ISPA Practice Statement. Such a statement must be published at least in the same manner as a notice of a General Meeting. 9.2 No less than 90 days and not more than 180 days after a Proposed ISPA Practice Statement has been published the Council may declare it has been approved. If approved, the statement is adopted as an ISPA Practice Statement and forms part of the Code. The Council need not make such a declaration, and must not do so if 5 members have objected in writing. 9.3 Any ISPA Practice Statement may be removed from the Code by a resolution - passed by simple majority - at a General Meeting. 9.4 Any other change to the Code shall be made by formal resolution at a General Meeting of ISPA, with the resolution requiring two-thirds majority of those voting (which, for the avoidance of doubt, excludes abstentions). |
Direct Selling Association of New Zealand Code of Practice |
The Code has a number of provisions for monitoring, annual reports, and periodic reviews, and can be amended by DSANZ at any time. DSANZ is also responsible for promoting the Code to members, non-members, and consumers. Members must report yearly to the DSANZ on the number and kind of complaints made. |
