“Safer online spaces for all” – Human Rights Law Centre calls for more online regulation.

Once known as a leader in online safety, Australia was the first country to appoint an online safety commissioner. But the HRLC believes that “despite the strong foundation, Australia risks being left behind if it does not continue to prioritise strong and effective regulation that can build safer online spaces for all.”

The internet opened new opportunities for free speech and freedom of information, which has been especially important in the field of human rights. However. the HRLC has pointed out how it also led to a culture of spreading hate speech, harmful content, and disinformation that can hurt our democratic process.

“Large digital platforms have a profound influence on public discourse”, the centre says in its submission. “They shape the information people encounter, influencing their decisions and beliefs. Their business models also prioritise serving users with polarising, emotive, often anger-inducing material which drives user engagement and therefore maximises platforms’ profit.”

The HRLC recommends that the Albanese Government implement a regulatory regime similar to the European Union’s Digital Services Act, centred on Duty of Care, Risk Assessment, Risk Mitigation, Transparency Measures, and Accountability Measures.

Under these guidelines, the HRLC believes there should be greater levels of accountability for the online platforms, from implementing obligations to ensuring users’ safety, identifying and mitigating risks, mandating risk assessment audits, and imposing penalties for non-compliance.

The HRLC says this will promote transparency and accountability, which it argues industry self-regulation won’t do.

“The statutory review of the Act is an opportunity to implement a comprehensive regulatory framework for digital safety. A failure to do so will only create a void that private entities will exploit for their benefit. Allowing digital platforms to operate within a widening policy gap poses significant risks, as profit-driven platforms will inevitably prioritise products that are lucrative over those that promote societal well-being.”

Released in April by the Federal Government, the Statutory Review of the Online Safety Act 2021 examined the effectiveness of the Act as it currently stands, including looking at other international examples to consider any updates and amends to the law in Australia.

“Our laws may be world-leading, but they are not set-and-forget. That’s why our Government brought forward the statutory review to ensure these laws remain responsive to the rapidly changing digital environment,” said Minister for Communications Michelle Rowland.

“The Government is considering a range of matters, including the strength of penalties, ensuring industry acts in the best interests of children, and taking lessons from overseas.”

Rowland’s office will provide a review report by 31 October 2024.