Steve Irons (Swan, Liberal Party) Share this | Hansard source

I also rise to speak in this cognate second reading debate on the Enhancing Online Safety for Children Bill 2014 and a related bill. To feel powerless, scared, embarrassed or humiliated is not something that I or any other member in this place would wish upon anyone. But I think members would agree that the thought of an innocent child having those feelings strikes a different chord entirely. To victimise a child, in my mind, is one of the lowest forms of human behaviour. It is something I have actively campaigned to prevent, both in this place and outside it. Prior to the Christmas break, I stood in this place and called for members to join with me in implementing initiatives that would help to achieve the aim of zero abuse of children. I said then that this is a discussion which I believe that Australia as a country needs to have. Throughout our history, child abuse has often been dismissed, particularly by those who had the power to hold to account those who sought to commit such acts—as we saw for many years with care leavers, and with children in institutions, which is now the subject of a royal commission.

I have just heard the member for Dobell speak in the Federation Chamber in regard to child abuse in her electorate, which is the second-worst electorate in New South Wales on the statistics. I endorse her speech and the sentiments which she expressed in relation to child abuse. At that time, I also asked our nation to look out for our children and to protect them from any sort of abuse. As members know, abuse can take many forms; physical, sexual or emotional, or it can be just pure neglect. What people do not often realise is the connection between emotional abuse and bullying. Too often, people reduce the significance of bullying in schools, at home or in the workplace, despite its impact; and despite it often having long-lasting effects. It can increase the likelihood of self-harm, and suicidal thoughts and behaviour, particularly for young people. Today, in the 21st century, the impact of bullying—that is, the impact of this abuse—is no longer limited to a certain day or a certain time when you personally interact with that bully. As a result of social media surrounding us, in every facet of our lives, bullying has now also reared its vicious head in the virtual world—with the result that there is no escape. A child can leave the playground, but the bully will follow them home; not physically, but on social media sites such as Facebook and Twitter, or simply through text messages. I am sure members are well aware of the term 'keyboard warriors': in the case of cyberbullying, this could not be more accurate. It never ceases to amaze me that a person can be so cruel and so tormenting when they are hidden by a cloud of anonymity. It is time that that cloud was lifted, and that children in particular are once again able to feel safe—and that children know that it is okay to tell someone that they are being bullied.

In January 2012, while in opposition, the coalition established an online safety working group to consult with the community and industry stakeholders about cyberbullying, and about what we as a government might be able to do to raise awareness of the impact of cyberbullying on children, and to reduce its prevalence. In 2013, we took our policy to enhance online safety for children to the election. In 2014, we released a discussion paper to gain final feedback from industry groups, including some of Australia's most predominant social media sites, such as Facebook and Twitter. As a result of these consultation periods, both in opposition and in government, the coalition developed the Enhancing Online Safety For Children Bill 2014, which is before the House today.

This bill is vital in our 21st-century world, where social media surrounds us, and it is something that I wholeheartedly endorse. I say that it is vital because research has already suggested that cyberbullying is occurring most frequently to children between the ages of 10 and 14, who make up 50.6 per cent of cases; closely followed by 15- to 18-year-olds, with 44.2 per cent. These are alarming statistics which cannot be permitted to continue. This government and the Australian community need to work together now to safeguard our children in this cyber-environment, in the same way in which we are working to safeguard our children on our streets and in our homes. The reality of today's world is that social media is expanding every minute of every day. It may be hard to believe now, but it was only 17 years ago that Google was founded; 11 years for Facebook, and nine years for Twitter—so in less than two decades these forms of networking sites have managed to become instrumental in our daily lives. In many cases, they have become something that we rely on for research or to interact, on both personal and professional levels. Nor do we have to be strapped to a computer to access them; all we have to do is to pull our phones out of our pockets—as the member for Macquarie did just before—our phones are now stuck to us like glue. Yes, there are those who would say, 'then do not have social media', but to that response I would highlight two things. First, some say that social media is the world's future. Trying to hide from it will only hinder our children's ability not only to adequately utilise this tool but also to safeguard themselves from its adverse impacts. And second, just because you or your child does not have social media, that does not automatically mean you or your child will not be the subject of cyberbullying, because it is all around us. There is no single or simple answer to reducing the prevalence of cyberbullying in Australia.

This government's response and the communities will each need to be multifaceted, with the legislation before the House the first of many bills that will need to be introduced in this place over the coming years to respond to the issues that are presented to it and obviously with the development of social media and other areas of communication. I highlight that this bill is not a means to attack social media sites or to accuse them of not safeguarding their users. Many large social media sites have worked hard to improve their complaints handling arrangements to remove cyberbullying material. The bill before the House does not seek to disregard this but instead, as its title suggests, to enhance it. This is because to appropriately respond to cyberbullying an effective complaints system must be in place. Prior to the e-safety commissioner becoming involved, a complainant must therefore have reported the material to the social media site under its established processes prior to making a complaint to the commissioner. It is only if the social media service does not adequately respond to the complaint that the commissioner would then get involved.

Under this bill a children's e-safety commissioner will therefore be established to respond to complaints of cyberbullying material which is targeted at children. The commissioner will be established as an independent statutory office within the Australian Communication and Media Authority, or the ACMA, and will utilise a two-tiered system to administer or respond to complaints. The first tier is for those social networking sites which have agreed to work with the government on a cooperative basis to remove cyberbullying material of this nature. Under this tier the commissioner will be able to request that the social media site removes the material, but it would not be a legal requirement. Comparatively, tier 2 social media services will be subject to legally binding notices, which if not complied with could result in civil penalties for noncompliance. Under the bill's provisions, a social media service can request to be classed as a tier 2 service, and registers of both tiers will be maintained by the commissioner. If a tier 1 repeatedly fails to remove material upon the commissioner's request over a 12-month period, it can also be declared a tier 2 service by that commissioner.

Another key provision to help ensure social media services take this government's commitment to removing cyberbullying material seriously is the establishment of end-user notices. This may require a person to take all reasonable steps to remove the material, refrain from posting further material or apologise to the child for posting the material. If this person fails to meet the obligations of the issued notice, the commissioner would then be able to go to the Federal Circuit Court to seek an injunction. At any time, the commissioner may also notify federal, state or territory police if he or she believes a case of cyberbullying breaches criminal law.

Although these are important powers to protect our children in the cyber environment, I also believe they strike an important balance between implementing necessary regulation and not being heavy-handed in our approach. This balance will in particular be achieved in the commissioner's application of the cyberbullying definition in this legislation, which, as the Parliamentary Secretary to the Minister for Communications highlighted in his speech, 'must be likely to have the effect of seriously threatening, intimidating, harassing or humiliating a particular Australian child' I believe that this definition adequately embraces the legislation's intent and will help to ensure that complaints of cyberbullying are appropriately and efficiently addressed. Like child abuse of any form, mental illness or diseases such as dementia, bullying has for too long been swept under the rug, despite its often being the catalyst for future depression as an adult, or even suicide. As I have said, the ability for people to bully anonymously in the virtual world only makes it much more dangerous and presents many more challenges. These are challenges that I am pleased to say this government is working hard to meet head-on, and we will continue to consult with industry groups to ensure we are doing everything we can to prevent and raise awareness of bullying in the future. Raising awareness of these issues cannot be left to any individual or even to this government It is up to every parent to discuss social media with their child and the dangers it presents. It is up to our schools to engage openly with students and be on the lookout for instances of bullying. And it is up to this government to facilitate this work on a national level.

The Enhancing Online Safety for Children Bill before the House is a very important step in the right direction, and I thank all those opposite who have also stood in this place today and in the last sitting to join with this government in supporting these measures. I would like to make particular mention of the member for Forrest, who has run anti-cyberbullying campaigns for many years now in her electorate and across Australia and has set the standard for local and community forums to advise parents on how to deal with cyberbullying, particularly when it comes to their children, and how to put measures in place to prevent cyberbullying. So, along with the other members—I heard the member for Grey speak, and he spoke about some of his experiences, but also the member for Macquarie and the other members—I rise and join with them in commending this bill to the House.

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