David Pocock (ACT, Independent) Share this | Link to this | Hansard source

My question is to the Minister representing the Minister for Communications, Minister McCarthy. In November 2023, the government announced a review of our online safety laws. On 1 November last year, Delia Rickard PSM handed the government the report of her review into online harms. Can the government explain the reasons behind Ms Rickard's recommendations for a digital duty of care?

Malarndirri McCarthy (NT, Australian Labor Party, Minister for Indigenous Australians) Share this | Link to this | Hansard source

I thank Senator Pocock for the question. I can say from the outset that the Albanese government is committing and committed to keeping Australians safe online. This has been an important area, especially for the minister, Michelle Rowland, who has done a tremendous job in this role over the last couple of years in terms of this area of legislation.

We know that keeping Australians—particularly young Australians—safe online is absolutely imperative. As recommended by the review, we have already legislated increased penalties for breaches of the act, from less than $1 million to $50 million; we will legislate a digital duty of care to put the onus for protecting Australians on the platforms; and we are engaging with industry and the community to ensure it does meet community expectations.

We're certainly working through the remainder of the recommendations to ensure we deliver reforms that protect Australians. The review makes clear the importance of balancing and depoliticising our response to online hate. It recommends that attacks against a person's religion or race should be captured but not ideas, concepts or institutions. We are determined to get it right. We're determined to get our response right, to prevent the spread of antisemitic and homophobic material without impeding free speech in our country.

Sue Lines (President) Share this | Link to this | Hansard source

Senator Pocock, first supplementary?

David Pocock (ACT, Independent) Share this | Link to this | Hansard source

Thank you, Minister. On 21 November, Minister Rowland stated in the other place:

…harms don't simply switch off on a child's 16th birthday. That is why the government has taken the decision to bring forward a key recommendation … to legislate a digital duty of care.

Today there are reports that the government now has no timeline to legislate it. Is the government still bringing it forward as was stated last year, or has the government yet again capitulated to industry pressure?

Malarndirri McCarthy (NT, Australian Labor Party, Minister for Indigenous Australians) Share this | Link to this | Hansard source

We are certainly not sitting idle. We have legislated increased penalties, as I referred to in my previous response, and we will legislate a digital duty of care. This is on top of the Albanese government's legislation to put a minimum age on social media, the AG's legislation criminalising the sharing of deepfakes and our world-leading dating service industry code. We haven't sat still here. We have been working on this from the get-go. We're working through the remainder of the recommendations, as I've said, to ensure we deliver reforms that do protect Australians. The report does not make any recommendations to allow eSafety to remove content from overseas. We make laws for Australia and Australians, and we're not contemplating changes to the law to allow eSafety to remove content in other countries.

Sue Lines (President) Share this | Link to this | Hansard source

Senator Pocock, second supplementary?

David Pocock (ACT, Independent) Share this | Link to this | Hansard source

Thank you, Minister. That certainly doesn't sound like bringing it forward. I take it that there is no timeline anymore. Ms Rickard recommends fines for platforms that breach their duty of care, of five per cent of their global annual turnover—potentially billions of dollars. Will the government commit to implementing this recommendation in this term of parliament and actually hold social media companies accountable?

Malarndirri McCarthy (NT, Australian Labor Party, Minister for Indigenous Australians) Share this | Link to this | Hansard source

The minister is doing exactly that, with her constant communications with those companies, with big business and with telcos; and with the fact that she is taking and showing great leadership in this country in terms of the care that's required for our children under the age of 16. We are definitely embarking on it. I urge Senator Pocock to also reach out directly to the minister.