PM Urged: Digital Duty Laws Insufficient for Safety

Australia Institute

In an open letter published in newspapers today, organisations representing a broad cross-section of Australian society say the proposed laws should be strengthened to allow Australians harmed by illegal and dangerous online content to take action to enforce the Duty of Care.

"Social media companies facilitate an enormous range of harm, including psychological illness, sexual violence, body dysmorphia and eating disorders, human trafficking, hate speech directed at vulnerable communities, racist violence, fraud, political insurrection and genocide," the letter states.

"While we welcome the introduction of a Digital Duty of Care, the current plan gives eSafety, the regulator, a monopoly on enforcement," said Josh Bornstein, Director, Corporate Regulation at The Australia Institute.

"The regulator already receives more than 100,000 complaints a year and can only take action for a tiny percentage of that number. No regulator can police online safety on its own. Australians who are harmed by Big Tech should also be allowed to seek redress for a breach of the Digital Duty of Care."

The open letter is supported by groups including the Chinese Australian Forum, the Australian Education Union, the Working with Women Alliance, the Executive Council of Australian Jewry and The Australia Institute.

Just last week, The Australia Institute released new polling which showed Australians want much stronger protections than those which were proposed by the Prime Minister last week.

"The best way to have effective Digital Duty of Care laws, supported by all Australians, is to get them right the first time," Mr Bornstein said.

"Australians want laws which protect everyone. Big Tech has facilitated death threats, rape threats, fraud, hate speech and terrorism.

"Not only have these companies facilitated enormous harm, which has already cost countless lives, they've actively promoted it to maximise profit. This must stop. We have learnt the lesson from workplace safety, that best practise regulation requires the combined efforts of regulators working alongside those who suffer harm. Cybersafety should be regulated in the same way.

"If the Australian government wants to be a world leader when it comes to Digital Duty of Care, strong laws which prevent harmful content must give victims, including individuals and groups, the option of taking action to protect themselves."

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