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
-
Is using a trade mark in AdWords considered infringement?
A Court concluded that a company had infringed a trade mark using Google AdWords in Veda Advantage Limited v Malouf Group Enterprises Pty Limited [2016] FCA 255. Click through to learn more about the dispute, and the learning points and takeaways.
-
Copyright infringement for computer code
Computer code is automatically protected by copyright. Unauthorised reproduction of it may constitute an infringement, as illustrated by two federal cases. To understand copyright infringement with respect to computer code, read “Who owns the code?”
-
Who holds ownership of the code?
Understand who owns the computer code used in software development projects. Consider employee or contractor engagement, joint ownership, and assignment of copyright to ensure your project is protected.
-
ASIC issues statement on Initial Coin Offering
The Australian Securities and Investments Commission releases an Information Sheet to help companies with Initial Coin Offerings (ICOs), but Commissioner John Price warns of the speculative and unregulated nature of investing in them.
-
Do you need to disclose a database?
This article looks at the disclosure requirements for civil litigation in Queensland, and whether computer databases are considered ‘documents’ in this context. Get an overview of the relevant legal precedent and definitions, and discover the key points to consider.
-
What exactly is an Initial Coin Offering?
With the rise of cryptocurrencies (think Bitcoin and Ethereum), start-up businesses have engaged in a new method of sourcing funding from would-be investors – Initial Coin Offerings (ICOs). ICOs are becoming an increasingly popular method for new businesses to raise money in a short period of time with minimal effort. As ICOs are a new…
-
Software as a service (SaaS) contracts
Drafting a SaaS (Software-as-a-Service) contract requires careful legal consideration. This article covers the business model, Australian Consumer Law (ACL), jurisdiction and choice of law, third party access, data, user-generated content, intellectual property (IP) ownership and major clauses. Learn how to ensure an effective SaaS contract is in place.
-
Software licences classified as “goods” under the ACL
This Federal Court case highlights the risks of supplying goods and services to Australian consumers. Companies should be aware of their legal obligations and seek advice to ensure their contractual terms comply with Australian Consumer Law. Find out more about the case and its implications.
-
Are software developers responsible for defects in their software?
Software developers in Australia may face legal liability in negligence and under the Australian Consumer Law. This article examines what is required for negligence in the context of relevant case law.
