Jane Prentice (Ryan, Liberal Party) Share this | Hansard source

I rise today to speak on the Enhancing Online Safety for Children Bill 2014. The advent of the internet has seen our world change, and not always for the better. While the dissemination of information is indeed far easier and quicker, the internet has always had a darker side. We have seen sites like Silk Road become an online market place for illegal drugs. There are literally thousands of websites promoting get rich quick schemes that fleece the unwary. There is the ever present threat of child pornography being peddled across the world, not to mention hackers who will stop at nothing to gain access to government and individual records.

Worryingly, we now see the trend of cyberbullying. This is where the social media pages of certain individuals are flooded with often contemptible comments that attack the individual. While bullying is still more common face-to-face according to the research paper The prevalence of cyberbullying in Australia, this does not mean the government should not act. Bullying in all its forms must be addressed. The state governments have all enacted bullying strategies in their schools and this is to be commended. Now it is the turn of the federal government to look after the area of its responsibility, the online environment.

The Australian Communications and Media Authority—ACMA—already has the Cybersmart website aimed at children of all ages, parents and schools and it has many great ideas and hints for staying safe online. I urge anyone who feels worried about their online safety to visit Cybersmart and use the tips to stay safe. However, bullying is far more insidious than the Nigerian oil scam. Time was that if you were bullied at school, that bullying ended at three o'clock when the last bell rang; however, with the advent of social media that bullying can now continue around the clock, 24/7. The previously mentioned study also reported that seven per cent of students encountered bullying at school and online and the offender was usually the same person. This gives the victim no chance to escape the bully, as was possible in the past. That is why the measures contained in this bill are so important. Cyberbullying can lead to death. This issue is that serious, with many cases of young people who have taken their own lives because of relentless bullying.

The Commission for Children and Young People and the Child Guardian say 13 of the 63 child suicides in Queensland between 2010 and 2013 are directly attributable to cyberbullying, and they say that number is likely conservative. This bill will establish the statutory office of the Children's e-Safety Commissioner within ACMA. This commissioner will take national leadership in online safety for children, with two sets of powers at their disposal for responding to complaints. The commissioner will have the power to direct a large social media service to remove bullying material. These organisations have the option of voluntary participation in the program, and such notices to remove material will not be legally binding as they have already volunteered to take part in the scheme. These will be known as tier 1. Those social media outlets that choose not to participate in a voluntary capacity and those tier 1 organisations who fail to abide by notices issued will be classed as tier 2 and any notices to remove materials served to them will be legally binding. These systems gives social media outlets the opportunity to do the right thing in the first instance.

I do not believe people like Mark Zuckerberg ever intended their social media sites to be used to bully and intimidate a person to the point they take their own life. I would hope that all social media organisations would agree to act on this matter in a voluntary way and in the best interests of their consumers.

The commissioner will also have the power to issue a notice to the person who posted the material, which requires them to remove the material, refrain from posting the material or issue an apology. The commissioner will have the power to seek a Federal Court injunction against any person who fails to comply with such a notice.

While it is true no new offence labelled 'cyberbullying' will be created, there remain laws available under which people may be prosecuted if they fail to comply with a direction from the commissioner. Sections 474.15 and 474.17 deal with using a carriage service to make threats, menace, harass or cause offence, punishable by three years imprisonment. Failure to comply with an injunction notice issued by the Federal Court is treated as contempt of court and could lead to a fine or imprisonment until the offender has purged their contempt by complying with the order.

The functions of the commissioner will not be strictly punitive and reactionary. The aim is to stop cyberbullying occurring in the first place, so the commissioner will take responsibility for: promoting online safety; coordinating the relevant activities of Commonwealth departments, agencies and authorities; conducting, accrediting and evaluating educational and community awareness campaigns; making grants; and advising the minister.

As you can see, education around the issues of online safety in a broader sense will also be a vital part of the commissioner's role. Having the ability to ask for offensive material to be removed is not as powerful as stopping it being posted in the first place by a strong education campaign. Targeting the problem at its source will hopefully be a way of teaching what acceptable and unacceptable behaviour is in the online community.

These bills are the result of extensive public consultation that began while the government was in opposition in November 2012. The public were invited to comment and a full public consultation began in January 2014. There were over 80 submissions. A draft of the bill was also shared with 30 stakeholders. The bill was adjusted to reflect a number of comments.

These bills do not replace the government's commitment to providing a software tool for computers and mobile devices. We continue to work with industry to ensure the best software will be made available to protect our children, but this software can only be installed at the discretion of parents whereas a Children's e-Safety Commissioner will have statutory authority to act on offensive material.

This is not a knee-jerk reaction but carefully considered and thought out bills, taking into account the concerns and needs of the public. These bills seek to remove content that is harmful to Australian children as quickly and efficiently as possible once a complaint has been made. I wish to congratulate the Minister for Communications on these bills. I feel they strike the correct balance and are a testament to this government's ability to consult with the community to draft laws that the Australian people want. I support these bills and commend them to the House.

See this speech in context