The Labor government has opened a public consultation on the Online Safety Act to ‘keep Australians safe.’
The Albanese Labor government is considering broadening the Online Safety Act to include online hate and artificial intelligence.
Labor Communications Minister Michelle Rowland advised the government is looking at how it can strengthen the Online Safety Act to “keep Australians safe.”
A public consultation opened on April 29 to look into whether “more powers” are needed to address “new and emerging harms.”
A review will consider online hate, pile-on attacks, artificial intelligence-generated hate content, and online abuse of public figures.
The news comes amid the Australian government’s battle with tech billionaire and X owner Elon Musk over footage of the stabbing of a Christian bishop in Sydney.
Communications Minister Michelle Rowland said keeping Australians safe online is a key focus of the Albanese government.
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“Our laws may be world-leading, but they are not set-and-forget. That’s why our government brought forward the statutory review to ensure these laws remain responsive to the rapidly changing digital environment,” Ms. Rowland said.
“This Issues Paper is the next step in the review process we kicked off in November last year, and I thank Ms. Rickard for her important work, which will be crucial in ensuring our online safety laws are fit for purpose and enable more Australians to engage in the benefits of a positive digital environment.”
Ms. Rowland said the government is considering a range of matters, including the strength of penalties, ensuring industry acts in the best interests of children, and taking lessons from overseas.
“This is an opportunity for the community and civil society to have a role in reforms to strengthen our online safety laws, so they are fit for purpose in an ever-changing online environment,” Ms. Rowland said.
In November 2023, the government advised that Delia Rickard would conduct an independent review to examine the Online Safety Act.
Ms. Rickard is the former deputy chair of the Australian Competition and Consumer Commission.
What Will the Review Consider?
A consultation paper (pdf) has been released as the government and independent reviewer consider feedback from Australians in relation to the Online Safety Act.
The review will consider whether additional arrangements are warranted to address online harms not captured under existing statutory schemes, the paper states.
Aside from pile-on attacks and AI-facilitated gender violence, it will consider “online abuse of public figures and those requiring an online presence as part of their employment.”
Further, it will look into whether measures are needed to address “other potential online safety harms” including generative artificial intelligence and end-to-end encryption.
The review will also look into the powers of the e-Safety Commissioner, whether penalties should apply to a broader range of circumstances, and a duty of care requirement.
“This Review will be a broad-ranging examination of the operation and effectiveness of the Act, including its existing regulatory schemes, penalties and enforcement, and any gaps in the Act,” the paper states.
“The Review will consider international developments in online safety regulation, including whether the law should be amended to impose a new duty of care on platforms towards their users.”
Review Considers Online Abuse of Public Figures
The paper notes that public figures are subject to “high rates of online abuse” and harassment, and often face “greater risk of online abuse than everyday private individuals.”
“Among them, women and minority public figures are the most targeted, as well as civil society advocates and activists,” the consultation paper states.
“Online abuse, which can include trolling, stalking, impersonation accounts, image-based abuse and sexual harassment, can have serious professional and personal impacts. In several cases, online abuse of public figures has preceded suicide.”
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