Surging anti-Semitism sparks calls for new anti-doxxing penalties

There are calls for broad new anti-doxxing laws including examplary damages and the introduction of a tort of harassment.

Zionist Federation of Australia president Jeremy Leibler in Melbourne.

An anti-doxxing crackdown including a potential for exemplary damages, online take-down orders and a tort of harassment have been backed in a submission to the federal government.

Prominent law firm Arnold Bloch Leibler and the Zionist Federation of Australia are jointly backing a privacy tort enabling exemplary damages and are calling for police agencies to actively enforce the criminal code.

The February doxxing scandal affecting hundreds of Jewish creatives and perpetrated by pro-­Palestinian supporters has sparked calls for tougher laws in Australia.

The ABL-ZFA submission to the doxxing and privacy reforms review says the eSafety Commissioner should have the power to issue take-down orders and backs a tort of harassment to better protect individuals.

The key demands in the submission include that representative bodies or organisations should be able to use a privacy tort to issue proceedings that could financially punish those guilty of wrongdoing.

It backs a statutory tort for ­invasion of privacy to provide ­redress for victims.

It also argues that any rules should excuse someone from legal liability if it is in the public interest to expose an individual on the condition that public interest outweighs the right to privacy.

It argues a tort of harassment should be brought in when the doxxing does not directly involve private details and may not be covered by a privacy tort. A tort is defined as a legal wrong that one person or entity commits against another person or group and for which damages are the usual ­remedy.

ABL partner and ZFA president Jeremy Leibler said the Hamas terror raid on Israel last year had led to a sharp rise in harm against Jewish Australians. “There has been an explosion of extremism and hate speech in this country,’’ he said.

“We have assisted hundreds of individuals since October 7, 2023, whose lives have changed irreversibly by racial discrimination and abuse. For many, before they were vilified or abused, they were doxxed. These doxxers invaded their privacy and spread malicious lies that they are genocidal, racist and more.

“We clearly need reform, because at the moment victims cannot hold their doxxers to account.

“The government’s proposed tort is a welcome move, but it must go further. That’s why we have called for a tort of harassment to be introduced, and for the eSafety Commissioner to be empowered to make ‘take-down orders’ to stop doxxing in real time.”

The federal government is planning to strengthen privacy protections for individuals via the privacy act review, including provisions to address doxxing.

Submissions to the review closed last week.

The proposed reforms include giving people greater control and transparency over their personal information, including new or strengthened rights to access, correct and wipe-out their personal information.

Doxxing occurs when people use forums, such as social media, to expose people’s private information without their consent.

Earlier this year, hundreds of members of a WhatsApp group of Jewish creatives were doxxed by ideological, cultural and political opponents. Dozens of these victims have sought legal redress for losses from employers, managers and festival and music directors and distributors who have excluded them from work opportunities as a result of the leaked WhatsApp messages.

The ABL-ZFA submission argues that lives have been changed by campaigns waged against members of the Jewish community after the October 7 murders, kidnappings and sex assaults.

“Many have been bullied, victimised and dismissed from their workplaces. Many have been defamed, harassed and racially vilified. Others have had their businesses boycotted and received credible threats to their lives and safety,’’ the submission argues.

“Doxxing and vilification go hand in hand … The current legal and regulatory landscape has proven inadequate to address the harm occasioned to victims of doxxing.’’