Kelvin Thomson (Wills, Australian Labor Party) Share this | Hansard source

The member for Solomon advised the House of some of the statistics regarding the take-up of social media—and regarding Facebook, and the use of the internet and the like—by young people. Just how rapid and dramatic that transformation has been is one of the striking features of our times. There is no doubt that people have been doing that at the expense, to a considerable extent, of physical activity and outdoor activities. I often think that, no matter how digital the world gets, there is no substitute for being there—for being out in the real world. I hope that young people do not lose that appreciation of the outdoors, and that they do not lose the benefits of physical and outdoor activity. Last week I had a forum at the Coburg Library in my electorate of Wills which was based around issues of concern to young people. It had a very heavy focus on various addictions, including the impact of ice and other drugs such as alcohol. We talked about employment, homelessness, mental health issues; we covered a range of issues. One of the things that was said was that, in this day and age, people are losing the ability to communicate and are using social media as a substitute for face-to-face and personal communications; that is a point that was well made at the forum. It is a significant point. We do need to try to protect and develop the capacity of young people to communicate in a face-to-face way.

The primary bill here establishes a Children's e-Safety Commissioner and sets out its functions and powers as related to a defined prohibition against cyberbullying material targeted at an Australian child. A child or their representative can complain to the commissioner that they are, or have been, the subject of cyberbullying material targeted at them; the commissioner may investigate such complaints. The bill sets out the expectation of the parliament that each social media service will comply with a set of basic online safety requirements. These include: minimum standards in the service provider's terms and conditions of use; a complaints scheme; and a dedicated contact person. The bill creates two tiers of social media services. Tier 1 comprises social media services which have applied to the commissioner to be declared as such; the advantage of a tier 1 declaration is largely reputational. Social media services within tier 1 may be requested by the commissioner to remove material that has been the subject of complaint as 'cyberbullying material targeted at an Australian child'. By contrast, a tier 2 social media service may be issued a social media service notice by the commissioner which requires the removal of such material. The commissioner also has the power to issue notices to end users who post cyberbullying material, which can include a requirement for them to remove that material. The remedy for noncompliance with such a notice is injunctive relief. If a social media service fails to comply with the basic online safety requirements, a request to remove subject material or a social media service notice, then the commissioner may make a statement to that effect and publish it on its website. Civil penalty provisions arise in relation to noncompliance with a social media service notice—that is to say, 100 penalty units or $17,000. The commissioner has other functions including the promotion of children's online safety and the coordination of the activities of other departments relating to this. There are laws in every state and territory which cover all forms of bullying and this bill backs up those laws for the digital age.

Labor established the Joint Select Committee on Cyber-Safety in 2010 as part of its commitment to investigate and improve cybersafety measures. The committee released its interim report, High-wire act: cyber-safety and the young, in June 2011. It contains 32 recommendations, with central themes being a focus on education and a multifaceted approach involving schools, families and communities. Labor in government endorsed and responded to these recommendations.

Labor has consistently called for detailed industry and community consultation on these proposals. We facilitated community input on the legislation by referring the bill to a Senate committee. Labor is conscious of the concerns raised in some parts of the sector about whether this legislation will work. Nevertheless, when we are talking about protecting kids from online bullies, it is worth giving it a go.

For some time now I have been an ambassador for the Bully Zero Australia Foundation and I am aware of the importance of the issues covered by this legislation. I welcome the establishment of the Children's e-Safety Commissioner. The Bully Zero Australia Foundation was established after the suicides of Allem Halkic, Olivia Penpraze, Sarah Walker and Sheniz Erkan. All four teenagers were cyberbullied. As an ambassador, I was involved from the inception and attended the inaugural meeting. The foundation was launched by then Prime Minister Julia Gillard, and I strongly support the development of this progressive organisation. More recently, Victorian government minister, Natalie Hutchins, and I launched the Bully Zero Hotline. This hotline has answered more than 3,000 phone calls, including successfully resolving 21 calls involving a potential suicide. Bully Zero responds to all forms of bullying via its dedicated national 24/7 hotline on 1800 Zero Bully or 1800 028 559. This hotline is funded by OracleCMS and the foundation. Calls relate to a range of bullying related situations but, in particular, cyberbullying. I should add that adults are not immune to cyberbullying, and the impacts can also be severe and damaging. The organisation offers schools, sporting clubs and community groups free cybersafety sessions using the funds of donors and those raised by a charity ball held yearly. This organisation has sought federal and state funding; to date it has only received $71,000 from the Victorian state government. The foundation's Chief Executive Officer Oscar Yildiz and his team work tirelessly to ensure Australians live fulfilling lives, free from all forms of bullying. I commend the foundation and the 76 or more volunteers who give up their time to genuinely make a difference.

Currently there are stalking laws that deal with bullying in all states and in Victoria. Serious bullying is now a crime punishable by up to 10 years jail. The federal Crimes Legislation Amendment (Telecommunications Offences and Other Measures) Act (No. 2) 2004 covers the use of a carriageway. In essence, a person is guilty if they use a carriage service, like the internet or a phone, to menace, harass or cause offence—for example, by sexting, trolling or cyberbullying. The penalty is up to 3 years imprisonment. Threats to do serious harm carry up to 7 years imprisonment and threats to kill 10 years, if made over a carriage service. In all circumstances it must be proved that the perpetrator intended the victim to fear that the offence would be carried out.

The Bully Zero Australian Foundation CEO Oscar Yildiz has said:

It's fantastic to see that the Commissioner will have the power to issue notices to end-users who post inappropriate material or engage in cyber bullying. Removal of such material by the Commissioner will further enhance policing and enforcement. I commend the Commissioner who will also have the ability to apply non-compliance notices. We look forward to further consultation and will support the Commissioner to ensure our children are safe on and off line.

The prevalence of cyberbullying has rapidly increased since it first emerged. This is probably a result of increasing numbers of children and young people having access to the internet and to smartphones and their increasing propensity to use online methods to communicate. Other factors could also be influencing changes in prevalence, including the perception that cyberbullying is more difficult to detect and that bullies are less likely to face consequences for cyberbullying. What is not known, however, is whether this pattern is still continuing or whether it will continue to increase, stabilise or decrease.

Internationally and in Australia, there is significant harm associated with cyber-bullying. Several studies have ascertained that it is more than just hurtful name calling but can lead to serious psychosocial and life problems. Some studies indicate that cyberbullying can have more serious effects than 'traditional' bullying, because it is likely to involve more exposure and humiliation, can last longer and is more difficult to escape from.

The Australian Medical Association recognises that cyberbullying among children and young people is a significant health and welfare issue. Research about the impacts of cyberbullying suggests that the long-term impacts of cyberbullying are serious. It can have lasting effects on individuals and their families, including self-esteem, mental health, depression, anxiety and suicidal ideation.

The AMA supports the establishment of a Children's E-Safety Commissioner to:

Bullying peaks in years 7 to 10, and hurtful teasing is reported as the most common behaviour, followed by lies. Whilst bullying has always been a scourge on our young people, today bullying does not simply stop at the school gate; it hounds our children from the classroom to their homes via computer screens and mobile devices. When telecommunications were less ubiquitous, the home could represent a safety zone for adolescents, where they could switch off their school identities. But kids who come home and look up their Facebook pages face the same problem. The bullies who taunt you in school hallways can be there again, the moment you go into your bedroom and turn on your computer.

The evolution of technology has forever changed the way we are all connected, and our nation's young people have seized this opportunity with relish. But with these opportunities have come risks. Through the advent of social media, many of our children are enduring relentless harassment and anguish in the supposed sanctuary of our homes. Social media has brought people together, but it has torn others apart. Character assassination on Twitter is rife, as are malicious emails, texts and other forms of e-torment. A recent review of the academic literature on cyberbullying suggests that at least a quarter of school-age children are involved as either a victim or a perpetrator.

According to The Economist:

A new generation of smartphone apps is unlikely to help. With names like Whisper, Secret, Wut, Yik Yak, Confide and Sneeky, they enable users to send anonymous messages, images or both to "friends" who also use the apps. Some of the messages “self-destruct” after delivery; some live on. But at their heart is anonymity. If you are bullied via Facebook, Twitter or text, you can usually identify your attacker. As a victim of an anonymous messaging app you cannot: at best you can only guess which "friend" whispered to the online world that you might be pregnant … anonymity frees people "from traditionally constraining pressures of society, conscience, morality and ethics to behave in a normative manner."

…   …   …

The app companies claim they have or are working on ways to deter slanderous or abusive posts. Secret says it removes such posts, although that rarely seems to happen quickly or consistently. And after hosting posts that have included multiple shooting and bomb threats—some of which led to school evacuations—Yik Yak is now using "geofencing" technology to prevent its app being used at a majority of America’s middle and high schools. That will do little, however, to affect its use outside school hours or at universities, which Yik Yak is still targeting.

The hidden nature of cyberbullying has meant that perpetrators are thriving on incessantly tormenting their victims without fear of reprisal. The research showed most cyberbullying takes place on social media, and social media platforms can be slow to remove hurtful or abusive posts, and therefore that exacerbates their devastating consequences.

We must do all we can to tackle this scourge, and for that reason the opposition is supporting this legislation. We have a duty to do everything that we can to prevent and stop the bullying of young people, and we hope that this legislation achieves those aims. But, as Jennifer Duxbury said in an article in The Age last year:

For my parents' generation, thoughtfulness and respect for others' feelings were just plain good manners. In the digital age we are losing the habit of civility. Abrupt texts, caustic tweets, celebrity bashing, ritual humiliation of contestants on reality TV, "shares" of denigrating slogans overlaid on images of politicians - these are routine expressions of a lack of empathy in our communications.

It is tempting to shift accountability for what happens on social media onto the platforms and the government and away from ordinary people. At some point, we need to accept personal responsibility for scripting our conversations.

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