Prime Minister Scott Morrison backs social media crackdown

People who anonymously bully, harass and defame others on social media should be legally held to account, says Prime Minister Scott Morrison.

People who anonymously bully, harass or defame others on the “coward’s palace” of social media should be legally held to account, says Prime Minister Scott Morrison.

In the strongest signal yet that Australia will make individuals responsible for posting defamatory content on Facebook, Twitter, Instagram and other platforms, Mr Morrison has backed calls for a social media crackdown.

“Cowards who go anonymously on social media and vilify people, and harass them, and bully them, and engage in defamatory statements, they need to be responsible for what they’re saying,” he said.

Prime Minister Scott Morrison says social media trolls should be held accountable. Picture: Getty Images

Mr Morrison said in the real world people were “responsible for the things we say and do” and were identifiable, unlike on social media.

“Social media has become a coward’s palace where people can go on there, not say who they are, destroy people’s lives, and say the most foul and offensive things to people, and do so with impunity,” he said.

“They should have to identify who they are, and … the companies, if they’re not going to say who they are, well, they’re not a platform any more, they’re a publisher.”

NSW is reviewing submissions from legal experts and tech giants urging the state to change defamation laws so publishers are not automatically responsible for the posts of third parties.

Attorney General Mark Speakman is working to reform defamation laws. Picture: Tim Hunter

NSW Attorney General Mark Speakman said the state was leading the defamation law reform process, which was “well under way”.

“Getting the balance right on any reform is crucial to balancing freedom of expression with the right of a person to protect their reputation,” he said.

“The internet is no respecter of borders, so national uniformity in the reforms’ substance is highly desirable.”

Mr Speakman said addressing the potential liability of “intermediaries” like news organisations for the publication of third-party content was a “priority” for the Meeting of Attorneys-General.

“This body includes first law officers from all States, Territories, and the Commonwealth,” he said.

Facebook chief executive officer Mark Zuckerberg. Picture: Getty Images

The Law Council of Australia has weighed in on the issue with a submission to the NSW discussion paper, suggesting legal framework “shifts liability toward the originators” of the potentially defamatory material, but also provide for an “absence of knowledge or awareness” about defamation.

“The current state of the law is uncertain and may leave internet intermediaries exposed, arguably unfairly, to liability in defamation for content they did not originate,” the Law Council said.

In a submission on the paper from Facebook, the social media giant said it “strongly supports” the position that internet intermediaries, like media organisations, should not be “automatically” held liable for material, such as comments, authored by a third party and shared on their platform.

“Recent cases have created significant uncertainty for internet intermediaries by essentially requiring them to block access to content, solely on the basis of a user allegation that the content is defamatory,” Facebook said.

Originally published as Prime Minister Scott Morrison backs social media crackdown