Karen McNamara (Dobell, Liberal Party) Share this | Hansard source

I rise to support the Enhancing Online Safety for Children Bill 2014, which fulfils this government's commitment to enhance online safety for Australian children. We live in a world where the internet is an integrated part of our daily lives and access to the internet is rapidly increasing. This is in large part due to the growth in ownership of internet-connected mobile devices.

The Australian Communications and Media Authority reported in 2013 that 53 per cent of children owned or accessed their first internet-connected device before the age of 10 and that around half of 14- to17-year-olds access the internet through mobile phones. Forty-three per cent of Australian children aged 14 to 17 have their own smartphone. This access offers many benefits and it has become, for many, an essential part of being a child in Australia. For our children it provides a means to interact with friends, share information, access entertainment and undertake research and homework. However, it also allows children the opportunity to access the internet under the radar of parents, teachers and other supervising adults.

Social media services have entered our lives over the past decade and play an instrumental role in the way we communicate with each other. In 2011, the use of social media was identified as the primary form of digital communication between young people aged 13 and over. In fact, social media was used more frequently than text messages, phone calls and email. Around half of children aged between eight and 11 use social media, and this number increases to around 90 per cent of children aged 12 to 17 years.

In Australia there are approximately 12 million Facebook users, of which 7.3 million use the mobile app daily. Last year it was identified that 89 per cent of 12- to 17-year-olds use Facebook and 65 per cent use YouTube. With smart technology increasing and becoming more affordable, we are witnessing growth in the number of children who have access to social media at their fingertips. We must, however, be conscious of the pitfalls associated with this growth in social media. As more Australian children independently access the internet without adult supervision, we are seeing greater exposure to online safety risks such as cyberbullying. Therefore, it is important to make accountable and deter those who seek to use this platform to target and damage Australian children.

Cyberbullying is an unwanted consequence of the emergence of social media. Social media is part of our daily lives and, over the coming years, we will see more accessible and affordable social media services available to our children. Ensuring the safety of children within this growing cyber environment is an ongoing and challenging task.

The provisions within this bill aim to enhance the online safety of Australian children. They include the establishment of a children's e-safety commissioner to take a national leadership role in online safety for children and implementation of an effective complaints system, supported by legislation, that will remove harmful cyberbullying material which is targeted at an Australian child from social media sites in a timely manner.

The government developed this legislation following public and stakeholder consultation, and carefully considered more than 80 submissions received in response to the public discussion paper entitled Enhancing Online Safety for Children, which was released in January 2014. The commissioner will serve as an independent statutory office with the Australian Communications and Media Authority, with the key function of administering a complaints system for cyberbullying material targeted at an Australian child.

The government has been mindful of striking the right balance between capturing the full breadth of cyberbullying material whilst avoiding an excessive, heavy-handed scheme which may result in regulating material which does not need to be regulated. The bill stipulates that material must be likely to have the factor of seriously threatening, intimidating, harassing or humiliating a specific Australian child. The inclusion of the word 'seriously' intends to guide the commissioner and the courts so that material that is deemed minor, trivial or frivolous in nature is not deemed as cyberbullying.

Research conducted by the Social Policy Research Centre at the University of New South Wales found that over a 12-month period around 20 per cent of young Australians aged eight to 17 will have been cyberbullied. Furthermore, it is estimated that 463,000 Australian children and young people per year are exposed to cyberbullying. This equates to approximately 1,272 every day. This bill establishes a complaints system for cyberbullying material targeted at an Australian child. Complaints will be able to be made to the commissioner by an Australian child or by a parent or a guardian of the child. The commissioner will have the power to investigate complaints and conduct such investigations as the commissioner deems appropriate.

As the member Dobell I have been a strong voice for those who suffer from mental health issues in my local community. The social media phenomenon has created another complex layer to youth mental health problems. Deb Howe, Manager of the Children and Young People's Mental Health, CCH, commented:

We have experienced young people attending our service who have been cyber bullied on social media extensively resulting in extremely negative impacts on their mental health.

Helen Isenhour, Manager of headspace Gosford, stated:

The initial response to cyber bullying can include incredible stress, panic and anxiety—we see this firsthand in young people attending Headspace. Often the ongoing impact will affect the young person in multiple ways such as poor self-esteem, worry and stress about peer relationships, feeling scared or frightened and unsafe, and very often will go on to have detrimental effects on work and/or study.

The Central Coast region, tragically, has one of the highest rates of youth suicide in Australia. I am working with families, education providers and healthcare professionals to reverse and eliminate this devastating trend.

In December 2014 I updated parliament on the activities of the Dobell Youth Advisory Committee, which, at a recent meeting, raised the issue of mental health issues within our school system. In my address to parliament, I stated:

Our youth require a robust and adaptable support network to help them deal with the rapidly changing landscape of maturing from child to adult.

Social media makes up part of this challenging landscape that the youth of today must navigate. During this meeting with the Dobell Youth Advisory Committee I posed the following question:

What do you believe to be the leading cause of stress and anxiety amongst school students?

And they responded by stating:

The role social media is playing is now bringing what were once issues contained to the schoolyard into students' homes.

These are the words of current students who are experiencing and witnessing cyberbullying within their school community.

Increasing access to the internet through smart technology means that today's students are connected to one another continually throughout the day and night. Research published by the Department of Communications identified that, in 2014, 87 per cent of secondary schools reported at least one instance of cyberbullying, as did just under 60 per cent of primary schools.

The two biggest influences in young people's lives are school and home. Today many children find themselves unable to avoid or escape social media no matter where they are. It has been suggested that when children are physically bullied at school at least they know that they are safe from the offenders when they are at home. But this is not the case with cyberbullying. Derision, ridicule and hatred follow the victim from the schoolyard to their bedroom. There is literally no escaping from the bullying.

There is a perception amongst the community that cyberbullying is more difficult to detect and that those engaging in such activities are less likely to face consequences for their actions. As such the impacts of cyberbullying remain relatively unreported, and perpetrators remain unaccountable for their behaviour. It often takes the most tragic of circumstances to expose this behaviour. However, it is important to acknowledge that cyberbullying occurs every day and it is often difficult for the victims to know where to turn for help.

Research conducted by the University of New South Wales indicates a stronger association between cyberbullying and suicidal ideation compared to traditional bullying. A person behind a keyboard may not realise that their words can damage someone's self-esteem and state of mind, which can ultimately lead to depression, anxiety and suicidal thoughts.

Data from the Australian Bureau of Statistics indicate that suicide rates in 15 to 19-year-olds have steadily increased since 2008, and from 2011 to 2012 increased by 10 per cent. In January 2012 a 14-year-old Melbourne schoolgirl took her own life after suffering from bullying. In September 2013 a 15-year-old Tasmanian schoolgirl took her life after being bullied—including cyberbullying. And earlier that year, a 13-year-old Sydney girl took her life after relentless bullying.

These cases are only the tip of a much larger and potentially deadlier iceberg. The Australian Communications and Media Authority have identified that 21 per cent of 14- to 15-year-olds and 16 per cent of 16- to 17-year-olds reported being subjected to cyberbullying. The Department of Communications released research in August 2014 which identify that 20 per cent of children aged eight to 17 in Australia experienced cyberbullying in the preceding 12 months. A case study from the National Children's and Youth Law Centre found that Facebook was the main platform used for cyberbullying, accounting for 43 per cent of all instances.

Until now there has not been a regulatory framework in which to deal with people who take to the internet seeking to cause harm to others. This bill will establish a two-tiered scheme for the removal of cyberbullying material targeted at an Australian child from social media sites. Parliament will establish a statement of expectations stipulating that social media services will comply with certain basic online safety requirements, those being that a social media service has: terms of use that prohibit the posting of cyberbullying material; a complaints scheme under which end users of the service can seek to have material that breaches the service's terms of use removed; and a contact person for the commissioner to deal with.

Social media services will be required to apply to the commissioner for declaration as a tier 1 social media service. The commissioner will then be required to declare that the service complies with the basic online safety requirements as prescribed above. In response to a complaint, the commissioner will have the power to request the provider of a tier 1 service to remove cyberbullying material targeted at an Australian child within 48 hours. Should the social media service repeatedly fail in their obligation to protect Australian children over a 12-month period, or should the commissioner conclude that the service does not comply with the basic online safety requirements, the commissioner may revoke the service's tier 1 status and class it as a tier 2 social media service.

Tier 2 social media services will be declared by the Minister for Communications following a recommendation from the commissioner and subject to direct regulation. In response to a complaint, the commissioner will have the power to issue a 'social media service notice' to the provider of a tier 2 service. This will require the provider to remove cyberbullying material targeted at an Australian child within 48 hours. A person who fails to comply with a social media service notice may be subject to a financial penalty, an enforceable undertaking or injunction.

By defining cyberbullying material and clearly identifying a complaints resolution system, we are ensuring that people are aware of the consequences of engaging in cyberbullying. The legislation also ensures that social media providers are aware of their responsibilities by prescribing the online safety of Australian children using their service. The commissioner will maintain a register of tier 1 and 2 social media services and will also be able to publish statements about non-compliant providers. This means, if a social media provider is non-compliant with the basic online safety requirements, a request for the removal of cyberbullying material or a social media service notice, they will be publicly named.

This legislation also provides the commissioner with power to deal with individuals who engage in cyberbullying against an Australian child. The bill will enable the commissioner to issue a notice to a person who posts cyberbullying material targeted at an Australian child. The notice will require that person to take all reasonable steps to ensure the removal of the material, refrain from posting further material targeted at the child and apologise to the child.

The government is committed to the success of these reforms and will provide $6.7 million this financial year and approximately $11 million per annum thereafter to ensure the commissioner has the resources to conduct their duties. This is a serious issue which requires the involvement of the entire community. Together, we will hold cyberbullies to account for their actions. This is why I will continue to work closely with local schools and families within my electorate to address the issue of cyberbullying and develop effective responses that will protect our children.

As members of parliament, most if not all of us are subjected to cyberbullying on a daily basis. I will not be intimidated or bullied by these cowards who hide behind a keyboard, but, if you target children, you should be ashamed of yourselves. That is why this government is implementing a framework aimed to protect Australian children. This legislation is an important first step in declaring society will not tolerate cyberbullying and its adverse impact on our children. This legislation provides legislative authority to protect the most vulnerable users of the internet—and that is our children—from bullies who hide behind keyboards and seek to abuse and harass Australian children. As I said before, you should be absolutely ashamed of yourselves. It is about time that you were held accountable for your actions. I commend this bill to the House.

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