‘Get tough with social media for kids’ sake’, says Law Council
Labor should introduce greater penalties for social media companies that break online safety laws, Australia’s peak legal body says.
Labor should introduce greater penalties for social media companies that break online safety laws, Australia’s peak legal body says, arguing the federal government needs to take a “tough” approach to prevent harm to children and teenagers.
The Law Council of Australia, in reviewing the Online Safety Act, also says “too much responsibility” is placed on young people to monitor their own safety online, and that onus should be put on Big Tech and social media companies.
“The introduction of greater penalties could be a useful measure to demonstrate to social media companies that Australia has a tough stance on behaviour that violates the act,” its submission reads.
It comes as the Albanese government compels online dating app companies to adopt a strict new industry code to improve safety, developed by an industry working group.
The Online Safety Act is undergoing a statutory review, with a final report to be tabled before the end of October.
The act created in 2021 as part of a regulatory framework to improve and promote the safety of Australians online, including the establishment of the eSafety Commissioner, is required to be reviewed within three years of it coming into force.
The Law Council observed in its submission that there was “growing concern surrounding social media entities profiting from the dissemination of abhorrent content”.
That content is often viewed by children, the submission says.
“The Law Council has received feedback suggesting that too much responsibility is currently placed on users – including children – to ensure their own safety,” the submission reads. “Accordingly, more must be done to shift responsibility for ensuring online safety on to the platforms that provide online services.”
The protection of children and teenagers on social media will be a policy issue at the next federal election, after Peter Dutton promised to lift the minimum age of access to social media to 16 within 100 days of taking office.
As part of its submission, the Law Council was asked to consider whether a “statutory duty of care” should be placed on online services and tech companies.
“The Law Society of NSW, Law Society of South Australia and the Victorian Bar support the adoption of a statutory duty of care, and consider that such an approach has significant merit,” the submission reads.
“As the House of Representatives select committee on social media and online safety noted in its report, this model ‘flips the onus of responsibility to provide and ensure user safety back on to social media platforms’.”
The council also gave weight to the way new technologies, such as artificial intelligence, created “greater capability for technology companies to anticipate, detect and eliminate online harms, including before they occur”.
The federal government last year held a national roundtable on online dating safety, hosting an industry working group.
Communications Minister Michelle Rowland and Social Services Minister Amanda Rishworth on Thursday announced a new industry code, compelling online dating companies to implement systems to detect potential incidents of harm.
The code also, among other requirements, obligates the companies to take actions against end-users found to have violated online safety policies, and implement prominent, clear and transparent complaint and reporting mechanisms.
The eSafety Commissioner will assess the effectiveness of the code after nine months.
More Coverage
Immigration detention duty: minister Burke powers up
Immigration Minister Tony Burke has quietly issued new rules granting himself the power to impose electronic monitoring and curfews on dangerous non-citizens released from detention.
$42k taxpayer grant for anti-Israel artist
Matt Chun received a $42,452 taxpayer grant in May 2023 to publish a picture book. He previously co-wrote works that attacked ‘colonial and imperialist’ statues.