Government warned bullied teens were falling through the cracks

Warnings were raised four years ago that communication gaps between police and the eSafety office could put the lives of young people at risk. Four years later, the gaps are still not filled.

Concerns that bullied teens are falling through the cracks because of poor communication between police and Australia’s eSafety watchdog were first raised four years ago and still have not been acted on in NSW.

Warning signs were raised as early as 2018 when a senate inquiry by Commissioner Lynelle Briggs found that the memorandum of understanding between federal, state and territory police and the eSafety office needed to be clearer to allow proper enforcement.

“Despite the many very positive working relationships between the eSafety Office, the AFP, and other police services, more clarity is needed if enforcement arrangements are to work effectively,” the review said.

“Even though there are memorandums of understanding between the eSafety Office and all the state and territory police services … there is sufficient uncertainty around these arrangements that the various criminal thresholds for referrals to the police and the types of matters referred need agreement nationally.”

Julie Inman Grantis the eSafety Commissioner. Picture: Supplied

Federal Labor MP Michelle Rowland is calling on the MoU to be updated. Picture: Jeremy Piper

In answers provided to questions on notice in this year’s Senate Inquiry into the Social Media (Anti-Trolling) Bill, eSafety Commissioner Julie Inman Grant said that in 2015 the MoU with Tasmania Police was updated to reflect the eSafety Commissioner’s regulatory responsibilities in relation to child cyber-bullying, and to provide a central notification channel in cases where child cyber-bullying reach a serious threshold.

Similar “updates” were agreed in 2016 with South Australia Police, West Australia Police, and Victoria Police, but have not been reached with NSW Police.

Labor Federal MP Michelle Rowland slammed the government’s inaction on fixing the issue four years later.

Ms Rowland said the change is urgently needed and could save lives like that of Bathurst teen Matilda “Tilly” Rosewarne.

The 15-year-old was relentlessly bullied by her peers and had doctored nude images shared on social media and a Belgian pornography website.

Tilly Rosewarne took her life after years of bullying.

Tilly’s case was never referred to eSafety. Picture: Supplied

Her case was never referred by Police, who failed to find the culprits that created and shared the photos, to Commissioner Inman Grant.

In two back-to-back letters to Communications Minister Paul Fletcher, Ms Rowland called for an urgent upgrade to the NSW MoU to prevent other young people from falling through the cracks.

”It was deeply concerning to hear the Office of the eSafety Commissioner affirm that an MoU with the NSW Police is in place but still has not been updated, although the process to do so has commenced, as well as describe an ongoing lack of clarity about cyber-bullying referrals,” she wrote in a letter on March 11 seen by The Daily Telegraph.

Communications Minister Paul Fletcher said a new online safety law will help protect teens. Picture: Emma Brasier

“It is unacceptable that these cracks, which were identified in 2018, have not yet been filled.”

Minister Fletcher told the Telegraph that the government’s Online Safety Act would help teens like Tilly get justice but hit back at Ms Rowland for trying “to score political points”.

”Technology and online predators evolve quickly, so we cannot afford to be complacent. That is why we introduced a new Online Safety Act last year that, among other things, strengthens the powers of the eSafety Commissioner to remove harmful cyber-bullying material of the sort that Tilly Rosewarne endured,” he said.

A spokeswoman for Commissioner Inman Grant said the status of the MoU does not prevent police from contacting eSafety for help.

”Since 2020, eSafety has continued our work to strengthen existing working relationships with a number of Australian police forces – including NSW Police – in relation to child protection matters,” the spokeswoman said.

”This includes formal tools like MOUs and other protocols which guide specific areas of evidence and information exchange, such as in relation to child sexual exploitation material or pro-terrorist content.

“The status of any MOU does not prevent police contacting us for assistance, which they do on a regular basis, and which we will continue to respond to.”