The Federal Government is proposing to introduce legislation that will target the publication of offensive or harassing material aimed at children on social media websites.
The anticipated legislation (once passed) will establish the Children’s e-Safety Commissioner (Commissioner) to administer the new legislation. It is currently proposed that the Commissioner will have the power to:
- issue take down notices for offensive material to individuals and social media websites;
- require a person make an apology; and
- refer serious matters to the police.
The legislation is expected to include a two (2) stage monitoring process for the removal of offensive material published on social media:
- firstly, a social media website will be provided with the opportunity to adhere to take-down notices issued by the Commissioner; and
- secondly, failure to comply with orders of the Commissioner will result in the imposition of financial penalties.
It is proposed that fines of up to $A17,000 per day could be issued to social networking websites that repeatedly fail to adhere to take-down notices issued by the Commissioner.
The legislation plans to be a real incentive for social media giants like Facebook, Twitter and Instagram to review content and take active steps to remove offensive material that fuel online bullying.
We will provide further information on this legislation as it comes to light.
Links and further references
Australian Government, Department of Communication, “Enhancing Online Safety for Children”, January 2014
Further information
If you need further information about social media law and how it may impact on your organisation, please contact us for an obligation free and confidential discussion.
Malcolm Burrows B.Bus.,MBA.,LL.B.,LL.M.,MQLS.
Legal Practice Director
T: +61 7 3221 0013 (preferred)
M: +61 419 726 535
E: mburrows@dundaslawyers.com.au
Disclaimer
This article contains general commentary only. You should not rely on the commentary as legal advice. Specific legal advice should be obtained to ascertain how the law applies to your particular circumstance.
Related insights about social media law
-
Evidence from the Wayback Machine accepted
Australian Courts are increasingly considering the use of evidence from the Wayback Machine, but questions remain as to whether they will accept such reports in practice and what will be allowed?
-
$750k awarded for fake online reviews
The Supreme Court of South Australia awarded $A750,000 in damages to a lawyer in the case of Cheng v Lok [2020] SASC 14, demonstrating the serious consequences of posting fake reviews online. Find out more about the implications of this case and alternative legal actions for companies that receive negative reviews.
-
Adaptations and computer code – copyright issues
An adaption in copyright is the exclusive right of the owner of the work in question. Section 10 of the Copyright Act 1968 (Cth) (Act) defines adaption as it relates to literary works in dramatic and non-dramatic forms, in a computer program and in relation to a musical work. The rights that apply to adaptions…
-
Australian court orders Google to unmask reviewer
The case of Kabbabe v Google LLC [2020] FCA 126 has major implications for businesses and online reviewers alike. Learn more about the Court’s decision and what it means for anonymous online reviews by reading the full article.
-
Computer code libraries and copyright ownership
The Australian case of Redrock Holdings Pty Ltd and Hotline Communications Ltd v Hinkley [2001] VSC 91 has shed light on how the ownership of copyright in code libraries is determined. Learn more about the dispute and its implications for copyright ownership in this blog post.
-
e-Signatures – legally binding on companies?
E-signatures are becoming increasingly popular, but are they legally binding? Find out in this article, which examines the Adelaide Bank case and reveals the limitations of e-signatures when it comes to executing a deed. Click through to learn more.
-
New safety standards proposed for online platforms
The Australian Government has proposed an Online Safety Act that could significantly change the way businesses manage user-generated content online. Find out how this proposed Act could affect your business and how you can prepare for it.
-
Has my software been copied? – legal test explained
This article examines the legal test for a “substantial reproduction” of computer code, as established by the High Court in Data Access Corporation v Powerflex Services Pty Ltd [1999] HCA 49 and further discussed in subsequent cases. The Court will consider the essential features of the work to determine if there has been a substantial…
-
A bet or a game? The Lottoland decision
The Supreme Court of New South Wales has ruled in favour of Lottoland Australia Pty Ltd, affirming that its disputed products fall under the exception of an Excluded Wagering Service as defined by the Interactive Gambling Act 2001 (Cth), clarifying the distinction between ‘bets’ and ‘games’.
