Skye Kakoschke-Moore (SA, Nick Xenophon Team) Share this | Link to this | Hansard source

I move:

That the following matter be referred to the Legal and Constitutional Affairs References Committee for inquiry and report by 29 November 2017:

The adequacy of existing offences in the Commonwealth Criminal Code and of state and territory criminal laws to capture cyberbullying, including:

(a) the broadcasting of assaults and other crimes via social media platforms;

(b) the application of section 474.17 of the Commonwealth Criminal Code "Using a carriage service to menace, harass or cause offence", and the adequacy of the penalty, particularly where the victim of cyberbullying has self-harmed or taken their own life;

(c) the adequacy of the policies, procedures and practices of social media platforms in preventing and addressing cyberbullying;

(d) other measures used to combat cyberbullying predominantly between school children and young people; and

(e) any other related matter.

Question agreed to.

James McGrath (Queensland, Liberal National Party, Assistant Minister to the Prime Minister) Share this | Link to this | Hansard source

I seek leave to make a short statement.

Gavin Marshall (Victoria, Australian Labor Party) Share this | Link to this | Hansard source

Leave is granted for one minute.

James McGrath (Queensland, Liberal National Party, Assistant Minister to the Prime Minister) Share this | Link to this | Hansard source

Cyberbullying has been successfully prosecuted under section 474.17 of the Criminal Code. Live-streaming offending conduct, including assaults, may also be captured by Commonwealth offences. During sentencing, a court must take into account any harm suffered by a victim. The Office of the eSafety Commissioner works with social media services to remove cyberbullying material. The government has also initiated programs addressing cyberbullying and online activities, including the Australian Federal Police's ThinkUKnow program, which provides cybersafety education to school students, parents and teachers, covering online grooming, sexting, cyberbullying and general online safety, and the e-safety office's online safety, education and complaints process for young people who experience cyberbullying.

Question agreed to.