The reach of Australia's site-blocking regime continues to grow, with academic cheating services the current target.
Key takeouts
The first successful site blocking application under the TEQSA Act has been delivered in Tertiary Education Quality and Standards Agency v Telstra Corporation Ltd [2021] FCA 1202.
This measure was first introduced into the TEQSA Act via an amendment in 2019, with the aim of reducing the availability of overseas websites providing cheating services.
While injunctions were ordered in the TEQSA v Telstra Corporation matter, it is clear that cheating services are still widely available and advertised in Australia.
The reach of Australia's site-blocking regime continues to grow, with academic cheating services the current target. This has been highlighted in a recent judgment by the Federal Court in Tertiary Education Quality and Standards Agency v Telstra Corporation Ltd [2021] FCA 1202. This is the first judgment that has been delivered concerning the application of provisions of the Tertiary Education Quality and Standards Agency Act 2011 (Cth) (TEQSA Act).
The TEQSA Act enables the Tertiary Education Quality and Standards Agency (TEQSA) to apply for an order requiring a carriage service provider – in this case, internet service providers (ISPs) – to disable access to online locations that facilitate violations. These violations are specifically those under ss 114A or 114B of the TEQSA Act, which prohibit providing or advertising academic cheating...
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