Doug Cameron (NSW, Australian Labor Party, Shadow Minister for Human Services) Share this | Hansard source

The way people connect and communicate with each other is constantly evolving. Modern technology has opened the door to friendships, education, health care and recreational opportunities that were previously not even conceived of. The previous, Labor, government played a crucial role in modernising Australia's technological infrastructure by pursuing the development of the National Broadband Network, a network designed to provide Australians and our economy with world-leading broadband access. Unfortunately, the current government's mismanagement and ideological obsession and opposition to equality of access to broadband services has hampered the development of this ambitious infrastructure. However, the Australian community continues to progress at a pace beyond the glacial crawl of those opposite, and the opportunities that modern communication technologies present are being seized upon, particularly by young Australians. These young Australians are the first generation to be true digital natives. They build complex and rewarding relationships over many tens of thousands of kilometres. They seek out and take advantage of educational opportunities from the finest institutions in the world. They purchase and consume products from international markets, irrespective of traditional transport, currency and language barriers.

But while this new world of technology exposes our children to amazing opportunities, it also exposes them to risks that we must work hard to mitigate. Bullying has always been an issue in our communities. While parents, teachers and community leaders make every effort to protect our children from the social dysfunction of bullying, there are environments in which our capacities are limited. Indeed, most kids have unfairly been a target of bullying in the schoolyard at some point. But bullying no longer stops at the school gate. Our homes are no longer the haven for our children that they once were for us. The rise of social media and online communication may have brought new opportunities to our living rooms, but computer screens and mobile devices can also be a vehicle for hurtful and relentless harassment.

Cyberbullying is now so prevalent in our community that research from the University of New South Wales suggests that one in five of our kids between the ages of 10 and 17 report being subjected to some form of online bullying and abuse. That is one in five kids, despite cyberbullying being one of the most underreported types of abuse. The correct figure could actually be much higher. That is a horrific statistic. How many loving parents are unaware that their children may be suffering the anguish and humiliation that comes with ongoing bullying? How many are unaware that this abuse is occurring under their own roofs? Many of the perpetrators of this cyberbullying thrive in an unregulated environment, without the threat of consequences for their behaviour. Many believe that they can behave online very differently to the way that society requires them to behave in the physical world. Cyberbullies typically target many victims, and even when these brave victims come forward to report the abuse the bullying can often continue.

In 2010 the then Labor government established the Joint Select Committee on Cyber-Safety with the aim of improving cybersafety measures. The committee's 2011 report, entitled High-wire act: cyber-safety and the young,outlined a comprehensive approach to adapting to these new online bullying threats. Throughout this process and since, Labor has continually taken action to address cyberbullying and further protect our children against this threat. The Australian Federal Police's child protection team, the Australian Communications and Media Authority's Cybersmart program, and the ThinkUKnow website all represent existing initiatives. We have always made the point that such efforts must be supported by appropriate industry and community consultation, which is why we referred this bill to the Senate committee.

The bill will establish a children's e-safety commissioner with powers to address cyberbullying targeted at Australian children. Children, parents, teachers and friends will now be able to report incidences of cyberbullying to the commissioner, who can investigate and take appropriate action against the perpetrators. Furthermore, the bill creates a framework for the commissioner and social media services to work together to deny bullies the means to offend. Through a system of service classification and appropriate reporting mechanisms, material that represents cyberbullying can be removed and restricted.

The bill sets out the expectation of the parliament that these social media service providers will comply with basic online safety requirements. These requirements include standards for conditions of use, a complaints scheme and relevant contact persons. These powers and frameworks represent the most appropriate option for addressing cyberbullying and protecting our children. They complement the educational programs aimed at preventing the occurrence of cyberbullying that Labor already established. Our approach provides a range of options that not only protect vulnerable children from becoming the subject of online harassment but also can provide support for people who practise inappropriate bullying behaviours. The bill continues the work of the Labor government in developing adaptive methods to protect our children against online threats. We all have a responsibility to address this critical issue in our online communities, and Labor supports these continued efforts to reduce as much as possible the risk of cyberbullying.

Labor will not be supporting the amendment proposed by Senator Xenophon. The issue of grooming, which Senator Xenophon's amendment goes to, is obviously a very serious issue. Labor senators share Senator Xenophon's concerns and would be more than happy to work constructively with him to properly address this issue. However, there has been no consultation or engagement on this amendment and no time for the opposition to consider its implications. While we appreciate Senator Xenophon's intentions, we are not in a position to support his amendment without being given enough time to consider the broader implications.

The telecommunications specific provisions in this schedule of the Criminal Code are complex and carefully drafted in a way that gives effect not only to the code itself but also to relevant state and territory law. Any consideration of amending these provisions must be undertaken in consultation with a range of law enforcement agencies and our state and territory counterparts. At such a late hour in the legislative passage of the bill, this simply cannot occur. It is for these reasons that Labor does not support Senator Xenophon's amendment—but we do support the bill.