Doxing Laws need to be Withdrawn

On 11 October 2024 the QCCL made a submission in relation to the Federal Government’s Privacy reform legislation which includes provisions banning doxing.

“These laws have clearly been rushed and should be withdrawn until there is further and more substantial consultation” says President Michael Cope

Generally speaking, people should only be held criminally liable when they are morally culpable ie they have an intention to do the relevant act and commit the relevant harm. This is critical to ensuring the largest scope for individual liberty

These laws also raise the issue of free speech.

The first fundamental problem is that the proposed law requires no showing that the person accused intended to cause harm to the other person. This is fundamentally unacceptable.

It is our view that these laws are acceptable if they are like stalking or harassment laws. Those laws require an intention to cause specific detriments:

a.         apprehension or fear of violence to, or against property of, the doxed person or another person;

b.         serious mental, psychological or emotional harm;

c.         prevention or hindrance from doing an act a person is lawfully entitled to do;

d.         compulsion to do an act a person is lawfully entitled to abstain from doing.

The third issue is that the laws will apply to a conversation between 2 people regardless of whether the information disclosed is publicly available or disclosed in the public interest.

We consider that that there should be express protections and exclusions for particular circumstances:

a.    the law must exclude private communications, such as by text or email between small groups of say up to four people

b.    where the information shared was already publicly available.

c.     where the information was shared for the purposes of a genuine industrial dispute.

d.    where the information was shared for the purposes of a genuine political or other genuine public dispute or issue carried on in the public interest.

e.    where the information was shared by a person for the person’s lawful trade, business or occupation.

f.      where the parties to the publication or distribution have a legitimate interest in sharing or obtaining the information.

Mr. Cope said, “Why should someone face up to 7 years in gaol for texting to another person information that they found out about a third person on the third party’s Facebook or LinkedIn profiles?”

For further information contact Michael Cope President QCCL on 07 3223 5939 during office hours and at all times on 0432 847 154

 14 October 2024