Proposed Social Media (Anti Trolling) Bill

On 21 January 2022, the QCCL made its submission to the consultation on the Commonwealth governments proposed anti trolling laws - https://www.qccl.org.au/newsblog/submission-in-relation-to-social-media-anti-trolling-bill

“These laws say nothing about trolling, harassment or intimidation online. But deal exclusively with the law of defamation.” says Mr Michael Cope President of the QCCL

Mr. Cope said, “The Internet is the new public square. So much of public debate, discussion and exchange of information now takes place on the Internet. On that basis, the doctrines of freedom of speech must be applied to the Internet”

The rights of speakers on the Internet need to be protected.

“A fundamental aspect of the right to freedom of speech is the right to do so anonymously. History is replete with examples of people having exercised their right of speech then being subject to reprisals by government or individuals. The right of anonymity is not an absolute right. But it must be the starting point and it ought to be respected when it is exercised online.”

In addition to these reasons there are in our view, two other reasons why social media platforms should not be made liable for material posted on them.

The social media platform is simply the provider of a space, a forum, in which people make contributions. They are not like for example the editor of a newspaper- controllers of what content goes on their sites.

Secondly, requiring social media providers to monitor and censor content produced by third parties is not only likely to have a profound chilling effect on the freedom of speech of internet users, but also make them complicit in a substantial invasion of their customers’ privacy.

Australian law already allows individuals who claim to have been defamed online to apply to a Court for an order disclosing the identity of an anonymous poster. That law already provides a balancing between the right to freedom of speech and the right of people to vindicate their reputation. We oppose the proposed changes to the law in the Bill because they remove almost all the protections contained in the current law.

 We support the complaint mechanism contained in the Bill because the recipient of the complaint is not obliged to identify themselves.

 We oppose the imposition of a requirement on certain social media providers to collect identifying information. We do so on the basis that this is likely to be ineffective and represents a gross invasion of privacy.

“This Bill does nothing to address online bullying but what it does do is threaten to reduce freedom of speech online and hence generally in this country” said Mr Michael Cope   

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

24 January 2022