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 AI recognized as an inventor under the Patents Act 1990?
The ruling of Thaler v Commissioner of Patents [2021] FCA 879 has opened the door for artificial intelligence-created inventions to be eligible for patent protection. Learn more about the implications of this groundbreaking decision.
-
The Australian Cyber Law Map – overview
The Australian Cyber Law Map provides clarity on ever-changing legal landscape, covering commercial enterprises, cyber offences, infrastructure, international law, national security and personal rights. A source for understanding laws and providing safety/security in the digital age.
-
Explaining Australia’s Media Bargaining Code
The News Media Bargaining Code (NMBC) is quickly moving through Parliament and looks likely to become law. It requires digital platforms, such as Facebook and Google, to negotiate remuneration with News Companies for providing their media services. Non-compliance could result in hefty civil penalties.
-
Kogan fined $310k for Spam Act breaches
Kogan Australia Pty Ltd has been issued a hefty penalty and an enforceable undertaking for not complying with the Spam Act 2003 (Cth). Find out what this means for your business and what the consequences are for failing to comply.
-
Warning – Facebook trolls ordered to pay $150k damages
An online defamation case has resulted in two trolls being ordered to pay a hefty sum in damages. Learn more about the case and the potential consequences of making false claims online.
-
My client poached my software developers – what can I do?
This article examines how professional service businesses can protect their investment in employees from clients poaching them. It looks at potential clauses such as client agreements, non-solicitation of employees, restraints of trade, confidential information, copyright and more.
-
Emojis used online can be defamatory – watch out!
This Australian Court case is the first to consider whether emojis can be defamatory. Find out what the Court concluded about this novel legal question.
-
Patent granted for software tracking user actions
A decision by Australian Patent Office provides insight into patentable subject matter for computer-implemented inventions. Case of Facebook, Inc. [2020] APO 19 is a successful example of technical improvement in computer-implemented method, resulting in patentability even with generic computer implementation.
-
Use of IRUs in a telecommunications capacity
Learn how to structure IRUs for tax compliance and ensure your cable system capacity services are secure. Discover the key elements you need to include in your agreement to guarantee exclusive access and economic ownership rights.
