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

On behalf of the Standing Committee on Infrastructure and Communications, I present the committee's report entitled Balancing freedom and protection: Inquiry into the use of subsection 313(3) of the Telecommunications Act 1997 by government agencies to disrupt the operation of illegal online services, together with the minutes of proceedings.

One of the significant challenges faced by all governments is the need to balance the safety of the community with the rights of the individual—rights that are vital to a healthy democracy and an accountable government—in this case, freedom of speech.

The internet has brought with it unprecedented economic and social opportunities. It has transformed the way we live and work, undoubtedly for the better. But there are some in our community, and abroad, who seek to use it for corrupt purposes. The examples are varied and many.

The internet has created new markets, but also the means for producers and peddlers of child abuse material. It has provided a global forum for terrorist organisations and recruiters, and has put these organisations within easy reach of impressionable young people. It has facilitated the trade of illicit goods and services, and allowed scammers to target vulnerable people for their hard-earned money and personal information anonymously.

How we deal with these threats is a question of balance. To do nothing would constitute an abdication of duty, but to go too far would risk trampling those very rights and freedoms we seek to protect. So, too, an overzealous censorship programme would muffle the critical voice of the electorate and erode the accountability of government.

The committee has grappled with these questions, and I believe has struck the right balance between these competing priorities. The committee examined the appropriateness and efficacy of using section 313 to disrupt illegal online services, and determined that there remains an indisputable need for government agencies to have access to these powers.

Section 313 provides Australian government agencies—including state government agencies—with the ability to obtain assistance from the telecommunications industry when upholding Australian laws. Amongst other things, it enables government agencies to request internet service providers to provide such help as is reasonably necessary to disrupt the operation of illegal online services by blocking access to websites.

The committee acknowledges the technical difficulties in disrupting illegal online activity. Illegal online material can be hosted and accessed by those determined to do so, and illegal activity can be undertaken on secure networks. Nonetheless, the committee is of the view that the disruption of websites is very often technically feasible and, where that is the case, can provide an effective means to frustrate criminal activity. It certainly discourages inadvertent or casual contact with illegal online services.

The committee is conscious of public concerns that have been raised about the current lack of clarity and transparency in the use of section 313. This failing contributed to the inadvertent blocking of websites by ASIC in 2013, and made it difficult to identify and correct the error in a timely way. The committee acknowledges past mistakes, and sets out a way forward for the effective use of section 313 by government agencies.

The committee has formulated two key recommendations which it believes will ensure that future uses of section 313 by government agencies are appropriate, targeted and effective. The committee has recommended the creation and adoption of whole-of-government guidelines for the use of section 313 by government agencies, which include:

The committee has also recommended that agencies using section 313 to disrupt the operation of illegal online services have the requisite level of technical expertise to carry out such activity, or established procedures for drawing on the expertise of other agencies. The committee believes that these measures will preserve the effectiveness of section 313 while mitigating potential problems flowing from its use.

My appreciation goes to the individuals and organisations who offered submissions and testimony, and whose insights informed the committee's final report. The evidence received was diverse and challenging, and the report is better for that.

I also wish to thank my colleagues for their constructive contribution, and particularly the committee secretariat for the significant way in which they have supported the work of the committee.

On behalf of the committee I commend the report to the House.

Report made a parliamentary paper in accordance with standing order 39(e).

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