Justine Elliot (Richmond, Australian Labor Party) Share this | Hansard source

I also rise today to speak on the Enhancing Online Safety for Children Bill 2014. As we have heard from many of the speakers, the issues surrounding cybersafety and cyberbullying are quite rightly a concern to all of us here in the House and right throughout the community. I think we have all had experiences with constituents speaking with us about some of the issues they had. It is in fact an increasingly complex area containing many challenging issues that we as a parliament have an obligation to address. I also note that this is the first time that such a specific codified or hard regulation in this area exclusively has come before the parliament. I think it is a very good thing to be looking very specifically at this issue. I also note that bill has been referred to a parliamentary committee for consideration, the closing date for submissions on that was 12 January and the reporting date is 3 March 2015.

As has been stated on this side of the House before, the opposition will be supporting these bills. We certainly understand how important these matters are, and it is important they be approached in a bipartisan manner. So much now depends on the usage of cyberspace—everything from small-business activities, banking, government departments or online shopping that a lot of people engage in. All of those things are operated and accessed online and have opened up so many great opportunities. We are all experiencing this increased digital world and its benefits.

While it does bring family-positive opportunities to aspects of modern life, it also brings a range of concerns that we have to address, particularly those that relate to the safety of children and young people online. We can already benefit so much. We see so many aspects of health care, education and employment depending upon online access. That is all very good and we do all benefit, but we do have to look at some of the downsides as well.

This evolution within our technological advances has opened up to families more opportunities and so many new worlds of communication, contacts, friendships and social interactions. Very exciting and innovative approaches have occurred because of this evolution in technology, particularly as we have heard from other speakers that in emergency situations social media is utilised by many communities and often provides a vital link to services and information. So there is no doubt it brings to us an absolutely huge benefit with those advances.

We are also very much aware of the downsides of this medium and the negative impact it can have on the lives of our children. We know now that mobile phones, the internet and social networking can sometimes be the new playground for cyberbullying. Cyberbullying primarily affects young people because they are the biggest users of digital media.

We have increased engagement in addressing these issues. There already have been some initiatives taken in relation to cyberbullying; in fact, there have been many multifaceted approaches in taking action against cyberbullying. These include the Australian Federal Police's Child Protection Operations team, which investigates online child-sex exploitation. They are doing a fantastic job in that role. Other measures include the regulator, ACMA, the Australian Communications and Media Authority, which has a cybersmart program comprising an extensive range of cybersafety education initiatives. There is also the ThinkUKnow website, which assists parents and children in dealing with the risks posed by online predators. There are really good initiatives too like the Youth Advisory Group on CyberSafety. I note that the social-media companies have been very proactive and have taken active positive steps to stop online bullying as well, and I commend them on their involvement and proactive stance on that.

This bill seeks to create an independent children's e-safety commissioner, whose responsibility it will be to take a national leadership role in the ever-growing concerns around the safety of our children in the cyberworld. The commissioner will have in place the necessary structures that will allow an effective complaints system that can react swiftly to those materials considered harmful on social media sites. It will remove those materials considered to be of a cyberbullying nature targeted at Australian children.

The bill will set out the commissioner's functions and powers, and e-structures will be supported by appropriate legislation. The children's e-safety commissioner will be an independent statutory office within the Australian Communications and Media Authority. Under this proposed legislation, a child or their representative can complain to the commissioner about their having been the subject of cyberbullying material, and the commissioner may investigate such complaints.

The bill sets out an expectation of the parliament that each social-media service will comply with a set of basic online safety requirements. These include minimum standards in a service providers terms and conditions of use, a complaint scheme and a dedicated contact person. The commissioner will have many important roles other than the administrator of the complaints process of cyberbulling material. He will play a vital pro-active role not just in policing the medium of the online world but also in taking a lead role in the promotion of online safety and the coordination of relevant activities of Commonwealth departments, authorities and agencies.

The role will also be in supporting, conducting, accrediting and evaluating educational and community-awareness programs, and advising the minister. The commissioner's powers will extend to the investigation of complaints, which can be made on behalf of children, their parents or guardians—or indeed any responsible person. The bill sets out an expectation that each social-media service will comply with a set of basic online safety requirements. These include those minimum standards that need to be in place. The bill will set out a two-tiered scheme for the rapid removal of cyberbullying material from social-media services.

Tier 1 is of a voluntary nature and is not subject to legally-binding notices or penalties. Tier 1 applicants would apply for this status in writing and would have to demonstrate to the commissioner the adherence to suitable complaints management and response standards.

The commissioner would have the power to request that the provider of a tier l service remove cyberbullying material within 48 hours. This is in a case where the commissioner receives notification that the material was not removed following a complaint made under the service's complaints scheme. Repeated failure to comply, to the satisfaction of the commissioner, may result in removal of the tier 1 status.

Tier 2 would be determined by the minister and subject to legally-binding notices and penalties, such as the issuing of a 'social media service notice' by the commissioner, which would require the removal of material targeted at Australian children. Only large social-media services could be declared subject to tier 2 regulation.

The commissioner would also have the ability to name and shame those social-media services that fail to comply with the basic online safety requirements, who ignore requests to remove targeted subject material, and to issue a social-media service notice by way of a statement regarding non-compliance or publishing it on its website. Civil-penalty provisions only arise in relation to non-compliance with the issuing of a social-media service notice. The commissioner would also have the power to issue notices to those who post cyberbullying material, including a requirement for them to remove that material. Non-compliance with such a notice would result in injunctive relief.

Labor has always been committed to doing all we can to combat online child bullying. It was Labor who established the Joint Select Committee on Cyber-Safety, in 2010, as part of our commitment to investigate and improve cybersafety measures. The committee released its interim report—High-Wire Act: Cybersafety and the youngin June 2011, containing 32 recommendations that were endorsed. The central themes were a focus on education and a multifaceted approach.

It is important to remember that while there is a role for policing and regulation—and that is very important in supporting the legislation today—we also must look at the value of education. In January 2013 Labor launched a new cybersafety program educating primary aged children on how to stay safe online. Labor has always sought to work with the community and industry and get their input and make sure there is consultation when it comes to important measures like this. We are conscious of the concerns raised by some parts of the sector in relation to this legislation, but, when we are talking about protecting our young people from online bullies, it is worth trialling and investing time and resources into any new approaches and any new measures. That is why I particularly support this bill. I think we should be looking at these new measures.

We know that young people aged 14 to 17 have the highest rate of internet usage, with 91 per cent going online weekly. Whilst the exploding use of online chat and social networking sites has provided great advances and assistance for young people, it is still an area of concern, as we see bullying increasing. As the Chief Executive Officer of the Alannah and Madeline Foundation, Dr Judith Slocombe, has said:

There is no difference between someone who bullies online and one who bullies face-to-face. They are just different methods. They both can cause enormous harm.

Whilst that is true, it is important to note that bullying does not stop at the end of the school day. Through social media, chat and texts a bully can have direct access to their victims 24 hours a day, and that is indeed a concern. So it is not just happening at school; it is happening after school—at home, at the shops, at the movies and wherever children might be. Research has also shown that children are far more unlikely to report a case of cyberbullying than face-to-face bullying. The new and unrelenting nature of this bullying has led to many kids' lives being turned into a real misery, with sometimes very devastating consequences. This new form of bullying can hound our kids from the classroom to their homes, via the vast array of different ways people can access the internet.

According to research by the University of New South Wales Social Policy Research Centre, one in five of our nation's children aged between 10 and 17 has experienced some sort of cyberbullying. That is quite a large number. It is worth noting that many instances will of course go unreported. As I have said, the consequences of cyberbullying can be devastating. Evidence suggests that students who were cyberbullied report lower levels of connectedness and higher levels of loneliness at school as well as feeling less safe at school. They are also more likely to experience psychological or mental health problems as a result of being a victim of cyberbullying.

As I have said, I acknowledge there have been some concerns around the practical implementation of parts of this legislation. The shadow minister, in her speech to the House, noted there are concerns expressed by the Digital Policy Group of the Australian Interactive Media Industry Association, or AIMIA, which represents some of the major social media companies. It is also important to acknowledge many of the proactive steps being taken by communications and social media organisations. As AIMIA states in its submission, its member bodies:

… have policies that expressly prohibit bullying; we invest in a reporting infrastructure that allows the millions of people who use our services to report any bullying content to us; we promptly review and action those reports; and, we undertake online safety outreach and awareness-raising.

There are also many antibullying organisations in Australia who are working very hard to protect our children online. I would like to note the efforts of the Alannah and Madeline Foundation on the recent launch of the eSmart Digital Licence, a really great initiative. It is an online tool designed to educate and protect children against cyberbullying. It must also be mentioned that Google contributed $1.2 million to the program to ensure the digital licence is available to all year 6 students across Australia. It is a similar concept to the 'pen licence' a child obtains when they are ready to give up their pencil and are able to use a pen. I think it is a really great initiative.

As noted by the AIMIA Digital Policy Group in its submission to the Senate committee:

… online safety is best achieved when government, industry, and the community work together.

I totally agree with that sentiment. It is essential for the government to be working with the community in this matter. It is essential that government move with the evolving nature of digital technology and respond in a meaningful and purposeful manner to protect as best we can our children from online bullying or predatory behaviour or online violence. We all share a responsibility for that as individuals, parents, communities and governments. I recognise that it is really important that we are taking action now and into the future in relation to this issue, particularly as we are seeing an increase in the prevalence of online bullying and its impacts upon children. So it is important to have legislation like this in place.

The opposition believes strongly that we have a responsibility to do all that we can to prevent damaging outcomes caused by online bullying. I certainly commend all of those different groups that already have measures in place for the action that they have taken. It is good to see everyone working together and continuing to do so. It is important that we continue to work in a bipartisan way, as we have been doing in relation to this matter of online safety, and work very closely with industry, who, as I say, have been taking a very proactive approach to this as well. At the end of the day, it is important we work together to ensure we have greater protections in place for our children when it comes to the increasing prevalence of online bullying. I am sure every member in this House has had their local constituents, friends and family approach them about this. I think everyone in some way has been touched by the prevalence of online bullying and they know only too well firsthand the impact that it can have upon its victims and upon families. For all those reasons, I support this legislation. It is an important move towards making sure that our children are kept safe online.

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