ICOP Working Paper Enforcement
The range of sanctions for breaches of the Code will reflect its nature as an unregulated code. Revoking membership will be the main sanction for breaches. Revocations, and the reasons for them, will be published by the executive body. If there is wide acceptance of the Code as a standard of good practice, reviews of ISP's by consumer groups or information technology publications can mention whether they are signatories to the Code, and whether they have had their membership revoked due to serious breaches.
Directions to take or not take certain actions and other warnings can be effective initial sanctions. This gives ISP's the opportunity to change their practices in order to comply with the Code, and revoking membership may be a final sanction if they do not do so. The executive body could also have the power to request undertakings from ISP's who have committed a one-off breach that they will not repeat the violation. The revoking of membership can be a final sanction for breaches of the Code.
Applicable New Zealand Legislation
There is no applicable legislation.
Content of other Codes
InternetNZ Internet Code of Practice 1999 |
There are no provisions in the Code for enforcement or sanctions. |
Internet Service Providers Association of Ireland (ISPAI) : Code of Practice and Ethics 2002 |
12.1 Where the Board decides, pursuant to a Complaints Hearing that a Subject Member has breached the Code, the Board may, taking all relevant circumstances into account, impose any one or more of the sanctions set out herein. 12.1.1 The Board may require the Subject Member to remedy the breach of the Code within a reasonable time as agreed by the Board. 12.1.2 The Board may require a written assurance from the Subject Member, or any associated individual, relating to future behaviour, in terms required by the Board. 12.1.3 The Board may suspend the Subject Member from ISPAI without any reimbursement of membership fees in whole or in part. 12.1.4 The Board may convene an Extraordinary General Meeting of ISPAI for the purpose of considering an extraordinary resolution to expel the Subject Member from ISPAI, in accordance with Article 10 of the Articles. 12.1.5 The Board may, where the Subject Member is suspended or expelled pursuant to Clauses 12.1.3 or 12.1.4 above, publicise that fact. |
Malta Internet Code of Practice |
8(a) If the Executive Committee finds against a member, the matter shall be referred to the Ethics Committee of the Chamber of Commerce for the imposition of sanctions/penalties in terms of Rule 89 of the Statute of the Chamber.
The Executive Committee of the ISPSS may recommend remedial action due to the customer if it finds against the ISP. |
CAIP Fair Practice Guidelines |
There are no provisions in the Code for enforcement or sanctions. |
CAIP Code of Conduct 1996 |
There are provisions requiring ISP's to take action against illegal content or network abuse, but there are no provisions for enforcement or sanctions to be imposed on ISP's. |
Singapore Media Development Authority Code of Practice 1996 |
The Code states that the Singapore Media Development Authority has the power to fine ISP's. This is a legislative power. |
Australian Internet Industry Association Code of Practice on Internet Content |
The Australian Broadcasting Authority has the power to require ISP's to remove prohibited content that is on their networks, but there are no provisions for enforcement or sanctions to be imposed on ISP's. |
Norway Code of Ethics for the Internet 2001 |
6.2 The Council's decisions may entail giving guidance or recommendations, rendering decisions in regard to breaches of these rules or issuing orders concerning circumstances regulated in chapter 4, including orders to terminate services or websites. 6.3 In the event of breaches of these rules the Council may decide that the publisher of the website shall make corrections, deletions, and post replies or rebuttals on the website. |
Internet Service Providers Association : United Kingdom Code of Practice 2002 |
8.5 Sanctions 8.5.1 Where the Council decides, pursuant to Clause 8.2.1(d) above, that a Member has breached the Code, the Council may, having taken all relevant circumstances into account: (a) require the Member to remedy the breach; and/or (b) require an assurance from the Member, or any associated individual, relating to future behaviour, in terms dictated by the Council; and/or (c) require the Member to reimburse to the Complainant any Service charges which the Complainant may have paid to the Member; and/or (d) require the Member to reimburse to ISPA any reasonable amount in respect of administration charges incurred by the Complaint, as agreed by Council; and/or (e) suspend the Member from ISPA without any reimbursement of membership fees in whole or in part; and/or (f) convene an Extraordinary General Meeting of ISPA for the purpose of considering an extraordinary resolution for the expulsion of the Member, in accordance with Article 2-9 of the Articles; and/or (g) Publicise the final decision of the Complaint including the identity of the Member in question, the nature of the breach and any sanctions applied. |
