Australian Government Considers Extending Online Enforcement Powers over Hate Speech and Deepfakes

57
2
Australian Government Considers Extending Online Enforcement Powers over Hate Speech and Deepfakes

The Australian government is currently soliciting input from the public regarding the possible expansion of the eSafety commissioner's jurisdiction to address issues like hate speech, online harassment, and deepfakes. This initiative is part of a larger review of eSafety's powers that was initiated last November to determine if enhancements are necessary, with senior public servant Delia Rickard appointed to provide independent recommendations for reform options. While the issues paper does not present specific suggestions, it outlines the various options being considered to strengthen eSafety's ability to combat online harms effectively.

One of the proposals being discussed is the introduction of stricter penalties for online platforms or individuals who fail to comply with eSafety's directives. Currently, non-compliance can result in daily fines, but there is a consideration for imposing higher penalties, akin to those in countries like Ireland and the UK. The Australian government, recognizing the need for updated legislation in light of the evolving digital landscape, is contemplating tougher measures and aims to keep its laws responsive and relevant. Additionally, the issues paper acknowledges the existence of harmful online content not covered by current laws, such as hate speech, 'pile-ons', and technology-facilitated abuse, and suggests potential regulatory avenues to address these emerging challenges.

The issues paper also mentions the need for public feedback on online harms that may require specific attention through regulatory frameworks. Apart from hate speech and cyberbullying, concerns such as 'cyber flashing', body image harms, self-harm promotion, and technology-driven abuse are highlighted in the document. Moreover, emerging issues related to artificial intelligence, like deepfakes and synthetic child sexual abuse material, are identified as potential areas for regulation. The government emphasizes the importance of community engagement in shaping reforms to ensure online safety laws remain effective in an ever-changing online environment. Public consultations on the issues detailed in the paper are ongoing, and the government is awaiting the final recommendations of the independent review before making any definitive policy decisions.