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There is no prohibition against running a porn site in Australia as long as the content itself is not illegal because of depicting acts of violence, child pornography, bestiality or other types of illegal sexual acts. In Australia, the publication of internet pornography is regulated under Schedule 5 to the Broadcasting Services Act 1992. The scheme allows complaint investigation. Basically, the online content scheme is the complaints mechanism that allows members of the Australian public to submit complaints to ACMA about offensive and illegal internet content.
Offensive and illegal internet content will be ‘prohibited’ under the scheme if it meets certain classification thresholds, irrespective of where the content is hosted. If prohibited content is hosted in Australia, ACMA will direct the internet content host to remove the content from its service. Sufficiently serious internet content (for example, illegal material such as child pornography) will be referred by ACMA to the appropriate law enforcement agency.
You can find information about the classification thresholds at: www.acma.gov.au, but there are basically two thresholds of classification:
‘RC’ (‘refused classification’). Such content includes, for example, illegal material (such as child sexual abuse material) and other highly offensive material (such as bestiality).
‘X18+’. Such content includes material containing real depictions of actual sexual activity. • Content hosted in Australia which is classified ‘R18+’ and not subject to a restricted access system which complies with criteria determined by ACMA. Content classified R18+ is not considered suitable for minors. Such content includes, for example, material containing implied (or simulated) sexual activity.
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