Josh Burns (Macnamara, Australian Labor Party) Share this | Hansard source

I want to start by reading some words, published in the Jewish Independent, from the wonderful Lee Kofman, a Jewish writer in my community:

The covert and overt antisemitism my Jewish peers and I began experiencing ... I had to do something, otherwise I feared I'd sink into depression ... This led to the establishment of the WhatsApp group—for mutual support and self-preservation.

Lee started a WhatsApp group with Jewish artists so they could support one another and have a safe space to grieve. Six hundred members of the community joined because they too needed a space to share. In January this year, the names and details of members of this WhatsApp group were published online, including photos of Jewish artists with the caption 'genocidal'. The workplaces of Jewish business owners were boycotted. Jewish artists were declined job opportunities. Their children were threatened. Some people even had to move home. What we saw happening to the Jewish community was more than a trend. It wasn't just hurtful; it was dangerous. It had real consequences.

To me, what was just as concerning was how people were responding to the stories about doxxing. People said they deserved it. As Lee said in her article:

Many Australian Jewish artists and academics are still living the doxing consequences, but new anti-doxing legislation was just introduced for debate in Federal Parliament—

the legislation we are debating today—

following what happened to us. So perhaps our adversity will benefit Australian society at large.

That's why I am so proud of this bill and why I'm so pleased to speak on and support this bill, because it will protect every single Australian online.

What happened to members of my community is unacceptable, but the sad reality of the online world is that it was not an isolated incident. The digital world is changing and becoming more dangerous. The threats and dangers are evolving. The Australian Institute of Criminology has found that one in 20 Australians have been doxxed and that young people are more likely to be affected by it.

Online spaces have increasingly become unsafe for women as well. This is a universal problem. Data shows us that women across the world are experiencing abuse and discrimination online. I have seen it with my own eyes. When prominent women express their views online they face a torrent of misogynist abuse. The harms of doxxing are magnified for women when the release of their personal data is used in the context of domestic and family violence. The publishing of a woman's photo, workplace, home address, phone number or any other personal details online is often used as a tool of intimidation and escalated into major emotional and physical abuse. While doxxing happens online, the harms extend far beyond it. It impacts people's safety and sense of security. Doxxing is often accompanied by other forms of harassment, such as the non-consensual sharing of intimate images or AI deepfakes. The situation facing women in this country is not new but it is, without question, a national crisis. This legislation is part of keeping women and families safer online.

The Albanese Labor government has already acted to improve online safety for women, including by quadrupling ongoing base funding for the eSafety Commissioner. We also initiated a review of the Online Safety Act, to ensure our laws are keeping up with the emerging online threats and harms. This legislation protects each and every woman. This legislation seeks to protect every single Australian.

I have met countless academics, artists, business owners and other members of the Macnamara community who have had similar experiences to Lee's. In every conversation I've had with them they have spoken about the pain they endured after the doxxing. We spoke about what can be done to fix it. We spoke about making sure it doesn't happen in the future to any minority, any person of faith, any woman or any child. The legislation before us seeks to fix this.

This bill will impose a maximum six years imprisonment for publishing online private details, such as names, addresses and numbers, with the intent of causing harm. Importantly, this will be increased to seven years when a person or group is targeted on the basis of their race, religion, sexual orientation, gender identity, intersex status, disability, nationality or ethnic origin.

It not only makes the practice of online doxxing a criminal offence with high penalties but, importantly, gives victims an avenue to seek redress before the courts—redress for the emotional distress but also for the impacts on businesses and livelihoods. This bill creates a new course of action which empowers victims to seek compensation directly from any person who commits a serious invasion of their privacy. It is important to note that this bill does include safeguards for journalists and law enforcement officers in the proper discharge of their duties.

By criminalising the release of an individual's personal data online in a manner that would be menacing or harassing, we not only hold perpetrators to account but set a tone for the standard of behaviour that is acceptable online. Most importantly, this legislation was developed after consultation with victims of online doxxing, and it is designed to protect every single Australian. We must not accept abuse, harassment, misogyny and racism in our workplaces or schools. That behaviour would not be tolerated on the street, and now, with this legislation, it will be targeted online as well.

This legislation also reforms the Privacy Act framework. The people of Macnamara and all other Australians expect their private information to be exactly that: private. The reforms in this bill follow from the Privacy Act Review. It clarifies the objects of the Privacy Act and reaffirms our position that entities have a responsibility to protect Australians' personal information.

It will increase transparency around automated decisions using personal information. As the robodebt scheme highlighted, significant harms can materialise when decision-making processes are automated. This bill will provide members of our community with transparency about the use of their personal information. Privacy policies will be required to specify the kinds of personal information used in these sorts of decisions, and individuals will be able to request an explanation about how such automated decisions are made.

Importantly, we are strengthening the Australian Information Commissioner's enforcement powers. It will enhance the regulator's investigation powers to ensure that entities are handling personal information in a manner that Australians can respect and have confidence in.

The other part of this bill which is vital is the development of a children's online privacy code, which will apply to social media and other internet services which are likely to be accessed by children. The Children's Online Privacy Code will specify how these entities must comply with privacy obligations in relation to children. Right now, young people and children don't remember a world without the online space. While the online world can be a fantastic way to connect with the world and to learn and explore new ideas, the risks young people are exposed to cannot be understated.

The Privacy Act framework is currently not sufficient. It has not adapted to the needs of the digital age, nor has it responded to the large-scale data breaches of the last few years. Australians have a right to expect their personal information will be safe and protected, but, more than that, they have a right to expect that those who treat their privacy with contempt will face the full force of the law. A poll by the Office of the Australian Information Commissioner found that 89 per cent of Australians want stronger legislation to protect their personal information, and 87 per cent of parents want more protections for their children. And that is what this bill is all about.

This bill is about strengthening the online space so it's safer for everyone. It's about protecting women and children from abuse. It's about protecting our communities' most vulnerable online. It's about ensuring every single person of faith is safe and protected online. It's about stamping out discrimination and hatred.

The reality of the online world is that we have seen massive changes in digital technology, and, with that, we have seen emerge insidious opportunities for invasions of privacy. This affects thousands of people every single day. Every one of us in this place has struggled to keep up, but this bill has taken us all a major step forward. There is more work to do, but I commend this bill to the House.

I also want to thank members of my community—in particular, those Jewish community members who have gone through this really stressful ordeal and have come through it, making strong recommendations to government. I'm proud that we've been able to achieve this bill together, and I commend it to the House.

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