June 1999

1. INTRODUCTION

Aims of the Internet Code of Practice:

• To ensure the fairness and accuracy of disclosure of business terms and conditions to the user public and community in general;
• To improve the standard of conduct within the industry;
• To provide public access to complaint handling and cost-effective redress mechanisms;
• To impose and regulate industry standards;
• To improve customer relations;
• To protect rights of access and free speech;
• To ensure that information and procedures are in place for the protection of minors from accessing objectionable material over the Internet;
• To ensure that the information and procedures are in place so Internet users know how to limit access to protect a user from accessing inappropriate or objectionable material

1.1 WHO THE INTERNET CODE OF PRACTICE APPLIES TO

For the purposes of this document:

• an ISP is defined as a person or organisation, who for commercial or non-profit reasons connects a user/users to the Internet, provides content (electronic commerce or other) over the Internet, or provides access to the Internet.
• a user is defined as a person or organisation which has a connection to the Internet, and which may optionally provide content either locally or hosted by an ISP

1.2 COMPLIANCE

All members of the Internet Code of Practice will:

• Include in each of its agreements with customers and users a provision strongly recommending that their customers and users within New Zealand comply with the Code;
• Include in an obvious location, a statement of support by the ISP of the Code of Practice and immediately adjacent a direction to the Code of Practice document;
• Provide a link to the Internet Code of Practice Home Page which provides information to the client about their rights under the Code.

1.3 INDUSTRY AWARENESS

Members of the Internet Code of Practice must require their employees and agents to operate within the guidelines of the Code.

2. CODE OF CONDUCT OF ALL INDUSTRY MEMBERS

2.1 MEMBERS OF THE INTERNET CODE OF PRACTICE WILL:

• Act in accordance with high standards of ethics and integrity;
• Provide for each customer and potential customer particulars regarding who the business is including the physical office, contact telephone number and facsimile number;
• Ensure that all advertising complies with Advertising Standards Board guidelines;
• Take all practicable measures to protect the confidentiality of customers' information

2.2 MEMBERS OF THE INTERNET CODE OF PRACTICE WILL NOT:

• Inaccurately represent the benefits of their product or service
• Engage in conduct that is misleading or deceptive

3.CONDUCT OF ISPs

3.1  ISP'S WHO ARE MEMBERS OF THE INTERNET CODE OF PRACTICE WILL MAKE AVAILABLE TO EACH CUSTOMER:

• A Copy of the Internet Code of Practice upon request;
• Full disclosure of all charges and terms of trade, and description of services, relevant to the service being offered prior to reaching agreement with customer. The information will be provided in such a format that a lay-person can easily understand the actual and ongoing costs which may be incurred. A customer who then agrees to use the service agrees to be bound to these terms;
• Information about dispute resolution should be easily located by customers;
• Information regarding whether forums provided by the ISP are moderated or unmoderated;
• Redirection of service facilities for a reasonable time and at reasonable cost to clients who change to another ISP.

3.2 INTERCONNECTION

In acknowledgement of the co-operative nature of the Internet, all members of the Internet Code of Practice who provide Internet Access services agree to the principal of unrestricted and open interconnection between members.

3.3 BLOCKING

Members of the Internet Code of Practice agree that blocking traffic from other parts of the Internet disrupts the integrity of the Internet, and should only be carried out in circumstances where it cannot be avoided. All other non-urgent circumstances such as disputes should be resolved using the Internet Code of Practice dispute procedures.

3.4 CONTENT

The Internet provides for a significant amount of free-speech between citizens, and this is protected by statute in many countries. The Code proposes that all Internet content within New Zealand be subject to the New Zealand Films, Videos and Publication Classifications Act, 1993. A subsection of the Act applicable to this is included in Appendix B.

3.5 COMMERCIAL AND PUBLIC SITES

4. CONFORMING TO INTERNET STANDARDS (RFCs)

All members of the Internet Code of Practice must conform to accepted international Internet standards such as those set out by the RFCs.

4.1 CUSTOMER EDUCATION

Where ISP's are dealing with non-commercial customers or users:

1. ISPs have a responsibility to inform parents and other responsible people of options and precautionary steps they can take to ensure that vulnerable groups are protected and to monitor usage.
2. All members of the Internet Code of Practice will make available a URL link to material which is of use in educating the Internet user and guardian, including software and directions for purchasing such to help protect minors from accessing objectionable material over the Internet.

4.2 DISPUTE RESOLUTION

Each member of the Internet Code of Practice will comply with the following dispute resolution procedures:

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