House debates

Monday, 23 February 2015

Bills

Enhancing Online Safety for Children Bill 2014, Enhancing Online Safety for Children (Consequential Amendments) Bill 2014; Second Reading

3:24 pm

Photo of Kate EllisKate Ellis (Adelaide, Australian Labor Party, Shadow Minister for Education) Share this | | Hansard source

I rise to speak on the Enhancing Online Safety for Children Bill 2014. As outlined by our shadow minister, the opposition will be supporting this legislation which has been brought to the House. I think it is incredibly important that we as a parliament try and keep up with advances in technology and the impact it is having on our community. Nowhere is that more true than when we are talking about the impact on children.

To say we are living in the age of technology is an understatement; technology has changed the way we work and the way we live. Those of you who, like me, would feel entirely lost without your smartphone will know this. While there is no denying the many benefits of advancements in technology, more than ever we are acutely aware of the risks and challenges that come with these emerging technologies, and how we, as policymakers, respond to them.

Anecdotally, we know that children are exposed to technology younger than ever. Anyone who has seen the hypnotic pull of a device for a toddler will understand that our children will have a distinct experience as digital natives, and that by the time they reach school they are likely to be adept users of technology. I am often shocked—and indeed embarrassed—when visiting primary schools, and even childcare centres, when I see children latching onto technology and embracing it. The things they can do with computers I know I can only dream about, and I can only imagine that this is going to grow and grow.

We know that by the time these children reach school they are likely to be not just adept users of technology; alongside their pen and paper, they are likely to be also using a mouse and computer. As a result of this revolution, children are not only comfortable with technology at a younger age; they are fluent. This is consistently reinforced by research. Statistics from the Australian Communications and Media Authority show that 95 per cent of eight- to 11-year-olds had accessed the internet in the previous month, across multiple internet-enabled devices, with 45 per cent of this age group using social networking sites. This is not something we necessarily need to be afraid of; rather, we need to make sure our children are equipped with the skills and tools to navigate the opportunities and risks of modern technology.

In an increasingly connected world, technology has broken down barriers and equipped our next generations with new opportunities for learning. There are an untold number of advantages which they can embrace. I am lucky enough to see the influence of this in the classroom, with teachers harnessing new tools to engage students and create vibrant learning experiences. There are also countless new opportunities for regional and remote students to be interconnected in a way that we have not previously seen.

In particular, the advent of the internet has been fundamental in changing the way we communicate and view information. Children are incredibly connected and social; the online world is intrinsically woven to their everyday life. Connecting with peers is no longer limited to school hours and the occasional play date. With social networking, conversations are no longer limited to the schoolyard; they are taken into the home. The flipside of this is that, where generations past might have been able to leave bullying behind at the school gates when they went home each day, now kids take it into their homes with their smartphone, with their internet access, with their social media. There is no way to say stop, and there is no way that they can turn it off at the end of the school day.

That is why we need tools to protect children and it is why we need parliaments to stay ahead of the challenges which are emerging. We know that offline and online worlds are no longer distinct and young people see technology as a vital part of their identity. The dynamics of this should not be underestimated; children are online more; they are forming relationships but they are also being exposed to the risks which come with the online environment. Most commonly, we think of aspects such as concerns of privacy, cyberbullying, inappropriate content and unwanted contact. Anything that we can do to protect children from these risks is a welcome step forward, and that is why we will be supporting this legislation.

Bullying, whether overt or hidden, is an insidious challenge in our school system. In my role as shadow minister for education, I am acutely aware of the need to strengthen anti-bullying mechanisms, and cyberbullying is absolutely no different. We have already heard from other speakers—and I note the previous speakers' contributions of some of the really frightening aspects which are occurring and which Australian children are being exposed to today as a result of cyberbullying.

One study conducted by the Australian Communications and Media Authority found that all children and young people who took part in the research aged eight to 17 had experienced some cyberbullying personally—having either taken part in it, seen it or had it happen to themselves. The study said:

To some degree cyberbullying and bullying in general was an accepted part of children and young people's lives. Cyberbullying was accepted as an inherent part of the online social experience. As a result, children may feel like they can't escape from a bully.

We can talk about trolling on the internet. Some of us who engage in social media see it ourselves from time to time. But we are not talking about adults engaging with one another; we are actually talking about children who are being exposed to it constantly. The impact that that has on young people, on their development and on their confidence is truly frightening.

By regarding the internet as such a vital part of their identity, many young people can now accept unacceptable behaviour just to stay online. They accept that it is just part of their existence today. I am really saddened by this—that children are choosing technology over their mental health and welfare, and that they should have to make such a choice to begin with.

The repercussions of bullying, online and face-to-face, are all too real and they are extremely serious. Quite often individuals who are targeted online also experience face-to-face bullying. But it is also important to recognise what makes cyberbullying unique and particularly dangerous. Bullies online can be masked, can be anonymous and can be fuelled by a large audience. In addition, the 24/7 nature of social media can add pressure; it can be hard to ignore a notification when it lights up on your phone and even harder if you know that something unkind is likely behind the screen. It can be hard for anybody, let alone a teenager who is already going through so many transitions, so many changes in their life, to know that there might be a discussion taking place about them, that there might be unkind remarks being made, that there might be gossip and criticisms that are being exchanged about them and to not have a look at it, to not take it to heart. This is the Australia, this is the world that young people are growing up in today. It is right that this parliament does absolutely everything we can to ensure that we give them some protection. It is also important that we work with young people to build up resilience. It is important that we work with young people to let them understand the nature of the internet and the nature of the debates which they are engaging in.

In government, Labor was committed to eliminating all forms of bullying. In 2010, Labor established the Joint Select Committee on Cyber-Safety as part of its commitment to investigate and improve cyber safety measures, releasing a report with 32 recommendations each of which was endorsed by the Labor government.

Labor established the Safe Schools Hub as a one-stop shop of information and resources to ensure that schools, parents and specialists could provide the support to students they need to ensure safe and supportive environments. Of course we also committed $8 million to help stop homophobia and create more inclusive school communities, because we know that at every level bullying needs to be stamped out, and because we know that there is much more that needs to be done.

This bill is not the silver bullet. This bill, sadly, is not going to end all of these challenges and it is not going to mean that the young people of tomorrow do not still have to face these all too real criticisms and challenges. But we do acknowledge that it is a step along the way and, as such, as a constructive opposition we will not be standing in the way of it.

We know that at the heart of any policy approach should be the goal to build well equipped digital citizens who have the skills and resilience to navigate online risks. We know that equipping our children with these skills means equipping our parents, our schools and our community with the skills to support them. Sometimes this is a part of the challenge. We need to be not just talking to young people about these risks; we actually need to be talking to the people who did not necessarily grow up online, for who it is not a part of their second nature to know how social media works or how online communities interact. We also need to be talking to parents because it is the parents in those households who can keep an eye over what is happening online, who can monitor their child's online engagement and who can support their children when they need them and when they see the worst elements of the internet first-hand.

The importance of a truly multi-faceted approach should not be underestimated. Labor is committed to doing all we can to combat online child bullying. We acknowledge that the Enhancing Online Safety for Children Bill 2014 backs up the laws that exist in every state and territory which cover all forms of bullying. We will be encouraging the government to continue working with the community, working with the states and territories, working particularly with our schools and with our parent support groups to continually build up the arsenal that we have to tackle these challenges to make sure that tomorrow's young people, the people who are going through school with the sort of technology that we could never ever have imagined when we were in the classroom, have all of the support that they need.

Sadly, this legislation will not dissolve cyberbullying from being an issue but we should not become complacent. Any step to combat bullying in any form is a welcome step, and that is why I am happy to add my contribution today to support this bill in the parliament.

3:37 pm

Photo of Natasha GriggsNatasha Griggs (Solomon, Country Liberal Party) Share this | | Hansard source

I am very pleased that there is bipartisan support for these bills, the Enhancing Online Safety for Children Bill 2014 and the Enhancing Online Safety for Children (Consequential Amendments) Bill 2014. I rise to provide my support for these bills. My endorsement of them comes from a common-sense position in that we have an expectation of safety and freedom from harassment and exploitation at work and in public places. Our children should also have the same expectation of safety online.

Mr Deputy Speaker, you know that the internet used to be a distant, abstract concept. It was something that we heard about through magazines and on television shows. Over the last 15 or so years, it has moved from a vision of the future to our everyday reality. I am sure, Mr Deputy Speaker, that you have got a smart phone in your suit pocket, just like I have. In researching this speech, the internet was used. I use my smart phone to engage with my constituents, through social media, to advise them about what is happening in my electorate and to advise them about what is happening here in the parliament. It has changed. We were hearing from the whip this morning about the phone boxes we have just outside of the chamber and how they are very rarely used now. That is unlike in days gone by, when the smart phone was not here and the technology was such that it was difficult to make contact with your electorates; but now we are always in contact 24/7 with these little smart phones.

Several people have contacted me with the concerns regarding online behaviour. They will have received an email from me in the last few days updating them on the progress of this legislation. As I said, I am really pleased that there is going to be bipartisan support for this very, very important piece of legislation. While most of the members of this House have learnt to use the internet in their adult life, in my son's generation it is the norm. He has grown up with technology, and it is moving faster than anyone could anticipate.

There is no way that you can foresee how much technology is going to change in my granddaughter Evie's generation and what she will experience. I have to say, seeing her with an iPad at just a few months old and how she just naturally knows how to use that technology was quite incredible. I think that, as years go on, we just cannot imagine how this technology is going to be part of our lives. The technology is at our disposal and it has changed dramatically, but the two things have not: one is the law and the other is our expectation that our children should be able to go about their lives, be it online or in real life, without fear of harassment, exploitation, intimidation or humiliation. This bill will address the former and be a great leap forward in the right direction of the latter.

I was a member of the coalition's Online Safety Working Group, which gathered submissions from people right across the nation with expertise in children and adolescent online behaviour. I would like to place on record the good work of my fellow committee members. It is great that the parliamentary secretary—the member for Bradfield—is here, because he chaired that online safety committee and did a fantastic job, along with my colleague Senator Bridget McKenzie; the member for Cowan, Luke Simpkins; the member for Longman, Wyatt Roy; the former member for Barker, Patrick Secker; the now President of the Senate, Senator Stephen Parry; the member for Mitchell, Alex Hawke; and the amazing Nola Marino, who is the member for Forrest and is our deputy whip. I have to say, I would like to commend the member for Forrest on her extraordinary work that she does in this area. She actually briefed the committee and also the coalition members on her presentation that she does in her electorate on a very, very regular basis.

What I learnt throughout that whole process was about the negative online behaviour and its consequences. That was both from my work on the committee and from talking with the people of Solomon. It was quite frightening. The children and young adults that I spoke to told me that they were more afraid of being bullied on the internet than they were of being bullied in the schoolyard. I could not comprehend that. It was all about how if they were being bullied in a schoolyard, there would only be a few people that saw it. But if something bad was written about them on Facebook or posted on Snapchat, YouTube or whatever, it could be sent around very easily. It was very easy to go viral. The kids were really, really scared about that. The view was if it was written down or if it was a visual that could be passed on, then it was actually making it reality.

The perception among young people is that while schoolyard teasing is distressing, it is only temporary and only visible to the kids who are around at the same time in the same place. But online abuse is on display permanently for all the world to see and kids are more likely to believe something, as I said, that is in writing or online than something that is yelled across a schoolyard or a bus stop. As I said, this is alarming and all the more so when you cross-reference it against figures on how much of their young lives people spend online. More than half of children have ready access or ownership of an internet-connected device before they are 10 years of age. Ninety-five per cent of young people use the internet regularly, including social media, emails, games, chats, shopping and of course entertainment. Half of 14- to 17-year olds have access through our smartphones, meaning that they can be, and often are, online anytime and anywhere. While this technology can be of incredible benefit, the same smartphone or tablet that a young person carries with them every day to help with their schoolwork and to stay connected to their friends and family can also be a powerful tool to coerce, intimidate and harass: behaviour that we now call cyberbullying. In a world where so much time is spent online—chatting, playing, learning—it is vitally important that we do all we can to keep the online world safe for our young people. This bill, the Enhancing Online Safety for Children Bill, and the related bill, deliver on the coalition government's pre-election commitment to protect children online.

I endorse this bill because its two-part approach offers a practical tool kit for dealing with unacceptable online behaviour which targets Australian children. Firstly, this bill creates a practical complaints channel for dealing with bullying material targeted at an Australian child. This system will provide an efficient and effective means to get inappropriate material removed. A few years ago in Darwin we had a situation where a number of schoolchildren had set up a Facebook page, and the things that were being put on that Facebook page were not true. It was like a gossip-girl column and it was very hurtful, and the young students involved were devastated. Parents were contacting me to get help to take this information down, because—apart from the fact that it was lies—it was so hurtful and, as I said before, it had the ability to go viral. We also heard the member for Forrest talk about how easy it is for information to be disseminated, particularly with Facebook.

Secondly, the bill creates an officer with the mandate and the powers to manage and enforce that system for complaints. The Children's e-Safety Commissioner within the Australian Communications and Media Authority will be a government entity with the powers required to order that material be removed and to enforce sanctions for non-compliance. This bill is a measured and sensible response to the changing environment we live in, extending the protections our children enjoy in real life to the online realm. But, just as in the real world, we as adults have a responsibility—above and beyond legislation—to protect children and to be appropriate role models in our behaviour. I would like to remind people that this responsibility extends to online behaviour too. All too often, we see adults engage in bullying behaviour online. As part of the online safety group, we heard a number of stories about fights outside the schoolyard—not between the students, but between their parents—that had arisen because of things that were being said on Facebook and Twitter. There would not be a member in this House—probably with the exclusion of yourself, Mr Deputy Speaker!—that has not been subject to online abuse and harassment above and beyond what is acceptable in robust public debate. A child's behaviour towards others will always reflect the behaviour that has been role-modelled for them. In my view, this bill is an excellent legislative response, as it extends the protections our children enjoy in real life to the online world. But it is our responsibility as parents, as guardians and as role models to ensure that we lead by example.

The internet is a wonderful resource for our nation's children. These bills will ensure that, just as there are laws to protect children from abuse and exploitation in the physical world, there are also laws to make online experiences safe for them, and an appropriate agency to enforce those laws against those who would harm children. As we have heard other members say, work needs to continue in this space, but this is a great first step. I am really pleased that there is bipartisan support for these bills. I think that with this bill, the Enhancing Online Safety for Children Bill, we as legislators are doing the right thing. There is also other fantastic work happening—for example, the work that the Alannah and Madeline Foundation are doing; the education of parents and teachers in our communities; and the kind of training that the member for Forrest is doing. In my electorate, the schools do not issue computers or laptops until the parents and the children have had appropriate training to help protect against cyberbullying. I commend these bills to the House.

3:51 pm

Photo of Kelvin ThomsonKelvin 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.

            4:06 pm

            Photo of Warren EntschWarren Entsch (Leichhardt, Liberal Party) Share this | | Hansard source

            As elected officials we know what it is like to receive hate mail, threats and other verbal vitriol. It certainly hurts. It could be from people we know in the community or strangers from another part of the country. It might be sparked by something that we have said or done, but the attacks can be personal, targeting how we look, what we wear or how we talk. But we are adults and we know there are ways to deal with this and find support to get through it. Unfortunately, our children do not have that experience and so they need our protection as parents, as politicians and as a country to protect them from bullying.

            It has never been a simple task, but in a world before the internet kids could escape bullying—even if it were just for a while—in the safety of their own home. Unfortunately, that is not the case anymore. Our communication has moved from writing letters by hand to asking Siri or Cortana to send a text on our behalf. We have gone from passive TV watching to actively engaging in real-time with our favourite shows, and we have gone from bullying being limited within the schoolyard to bullying continuing as long as we are within reach of the internet.

            We made an election promise to the children of Australia that we would act to better protect them from cyberbullying and to make our online world safer. It is a promise that I, as the father of an eight-year-old girl, hold very highly because I will do anything possible to protect her from any form of bullying, online or in the real world.

            This Enhancing Online Safety for Children Bill 2014 is delivering that promise to kids. One in five Australian children are victims of cyberbullying. Cairns State High School guidance officer Anne Jillett told our local paper that she was dismayed by the number of young people who present with depression and anxiety symptoms at school. Sometimes their symptoms are so severe that they are unable to engage and learn. She said that, due to mobile phones and the internet, young people are at risk of no longer having a private life.

            From my perspective as the Chair of the Parliamentary Friendship Group for Lesbian, Gay, Bisexual, Transgender and Intersex Australians, I see and hear about the extent of bullying against young LGBTI people. In fact, you may remember that early last year I outlined the findings of a new report entitled Growing up queer: issues facing young Australians who are gender variant and sexuality diverse, in which I found two-thirds of young LGBTI people reported harassment or violence across different aspects of their lives. As a result, 16 per cent of these young people had attempted suicide and 33 per cent had harmed themselves. That survey is obviously only representative of one portion of the Australian population, but I use it to highlight that bullying is not just a term; it is a real problem affecting real people and has real, sometimes fatal consequences.

            The coalition undertook an extensive public consultation process while in opposition and while in government to draft this legislation. In January last year we released a discussion paper asking for feedback on the measures we had established to enhance online safety for children. We received over 80 submissions from stakeholders, including community organisations, industry, education bodies, academics, legal representatives, government bodies and individuals. The draft of this bill was shared around 30 stakeholders and adjusted based on their feedback. Our consultation process showed us that the best method to tackle the problem of cyberbullying was to establish a single point of contact for online safety issues—an authority to take the lead across government in implementing policies to improve the safety of children online. This is precisely why this bill establish a children's e-safety commissioner, an independent statutory office within the Australian Communications and Media Authority. Although our government does have a clear deregulation agenda, that does not mean we will not introduce new light-touch legislation if and when it is needed. In this case, because of the explosion of social media and the profound impact it is having on our children.

            The commissioner will have very clear functions. Firstly, they will administer a complaints system for cyberbullying material targeted at any Australian child. If they receive a complaint of cyberbullying material targeting an Australian child, they will be able to issue notices to the social media service and the bully who has posted the material, requiring the material to be removed. If the bully or social media service fail to act on the commissioner's notice, there are several legal avenues that can be pursued, including civil penalties, enforceable undertakings, injunctions or referring the matter to the police. The commissioner will take a national leadership role in promoting online safety for children. They will administer $7.5 million in funding for online safety programs in school and $100,000 to support Australian based research and information campaigns on online safety. The commissioner will coordinate activities of Commonwealth departments, authorities and agents relating to online safety for children. Tackling this problem will take all of us working together. The commissioner will bring together police, the internet industry, child protection organisations, and parent and teacher associations to find solutions to make our kids more aware of online dangers.

            Finally, the commissioner will administer the online content scheme that was previously administered by the Australian Communications and Media Authority. They will have the power to issue a notice to a large social media service, requiring it to remove content that is targeted at and harmful to an Australian child. Having a commissioner in this role to protect and educate our kids is so important in this fight against cyberbullying. This government is already looking to appoint someone into that position, because we are a government of action, of getting things done rather than constantly stalling like the previous government. This government expects to appoint the child safety e-safety commissioner during the next few months even if it is to be on an interim basis before the legislation is actually passed. I am told a search process is underway and some positive candidates have already come forward.

            Obviously this bill is just one facet of helping our children stay safe online. I would also like to commend other initiatives being done, including the federal government's national cybersafety and cybersecurity education program Cybersmart. The Cybersmart program is run by the Australian Communications and Media Authority as part of a commitment to cybersafety. It has invaluable content for young children, teens and their parents to have a better understanding of cyberbullying, social networks, privacy, trolling and identity theft. It even has culturally appropriate content for our Indigenous friends and families, with 'Be Deadly online'.

            As our Parliamentary Secretary to the Minister for Communications said recently:

            Clearly the internet and social media are a central part of the lives of children and young people, and they bring up a new set of issues …

            … Just like road safety, and water safety, or like educating kids about drug and alcohol use and sexual behaviour, this is another set of issues that kids need to be educated about …

            I would also like to add that the parliamentary secretary helped launch another initiative just a few days ago: the eSmart Digital Licence. It was developed by the Alannah and Madeline Foundation as an online challenge combining quizzes, videos and games to prepare Aussie children over the age of 10 to be smart, safe and responsible digital citizens. I have absolute admiration for the Alannah and Madeline Foundation for helping our children in this area. I give them extra credit for teaming up with Google, which has provided funding to make this program available to every year 6 student in Australia, from my far north-east Queensland electorate of Leichhardt to the far south-western electorate of Forrest. I encourage all teachers of grade 6 classes to go online and sign up today.

            I would also like, in talking about this bill, to just recognise the outstanding effort that the member for Forrest has put into raising the issue of online bullying, or cyberbullying. It is a campaign that she has been relentless in pursuing now over a number of years. She has made herself available to travel around the country speaking to groups of schoolchildren whenever she is invited, very much assisting and supporting them in raising awareness about dealing with this challenge. I think it is something that the member for Forrest needs to be congratulated on. She had been doing it for a long time before these issues were brought into this chamber, so I say congratulations to her for her efforts, and I am sure that they have made a significant difference to young people's lives.

            We then ask: why are we creating a central point, and why do we need a commissioner to receive the complaints, when Australians could go directly to the social media business, whether it be Facebook, YouTube or Twitter? I say to you, Mr Deputy Speaker, that we are doing this because we just cannot go to these people. We have commissioned research from the University of New South Wales Social Policy Research Centre and found that social media and other service providers are unaccountable. They are reluctant to take down offensive material and are often slow to respond to requests, even from the police.

            I have had personal experiences there myself in my electorate, where there is a very offensive website called Hillbillywatch.com. Some of the material that is on it is just absolutely offensive. It is blatantly untrue, and in recent times they have even been targeting the children of some public officials there. There are all sorts of efforts trying to get Google to deal with this. The problem is that as one is shut down they tend to open another one.

            There have been numerous submissions describing instances when cyberbullying material was not removed, even after being reported to the social media site. That is why I think we need to step in with legislation. Something as insidious as cyberbullying, something that is damaging to the mental health of so many of our young people, needs a central point for all Australians to go to for help. If a social media site does not act, then I believe that we must.

            This bill establishes a two-tiered scheme. If a social media service has volunteered to participate in tier 1, the commissioner can issue a notice for it to remove material. It will not be legally binding, but, if the site repeatedly fails to respond, it is moved to tier 2. If a large social media service is in tier 2, it is legally required to respond to the notice. Having the two-tier system will minimise the burden on social media services that cooperate, while putting in place a strong government response to those who fail to work with us to protect our kids against online bullying.

            As I said earlier, I have an eight-year-old daughter, and I know that many of the members here have children or even grandchildren. We do everything that we can to protect them from danger. The Enhancing Online Safety for Children Bill 2014 is our way, as a government, of sending a loud and clear message to the community. We will fight cyberbullying and do everything we can to make the internet safer for Aussie kids.

            We cannot stop bullying from happening. It is unfortunately a very sad part of life. But we can protect our children by creating a system that will ensure cyberbullying material is taken down from social media fast. We cannot stop people from being horrible to others online, but we certainly can show that our government is serious about responding quickly and effectively against these online threats to our children.

            4:21 pm

            Photo of Gai BrodtmannGai Brodtmann (Canberra, Australian Labor Party, Shadow Parliamentary Secretary for Defence) Share this | | Hansard source

            About two years ago, I went to Wanniassa School. It is a large school. It has a junior school, a primary school and a secondary school. It is in my electorate. I went there to speak to a number of young Canberrans who were taking part in a pilot program on cyberbullying. They talked me through the program, what they were doing and how it was enhancing their understanding of the risks that take place in cyberspace. When I spoke to them, I asked: 'Have you been a victim of cyberbullying yourself? Here you are learning all about cyberbullying and what you need to do to stay safe in that environment. Have you yourself been a victim?' I was absolutely shocked to find out that in the group that I spoke to—it was about 20 or 30 students—80 per cent of those students had experienced some form of cyberbullying. So it is with great pleasure that I have the opportunity to speak on the Enhancing Online Safety for Children Bill 2014 today, to join my Labor colleagues in supporting this legislation and to join those opposite in commending this bill to the House.

            Cyberbullying is an issue that is only going to become more important as Australia and the world look further to technology. Cyberbullying can be targeted towards people from all walks of life, from the young to the old. It does not discriminate. It does not discriminate in terms of your address, how much you have got in your bank balance or what your level of education is, just as it does not discriminate in terms of age. The impacts can be far-reaching and permanent. Research shows one in 10 young people has been cyberbullied—and I would say, from the experience I had at Wanniassa School, the figure in all reality is far, far greater than that. And around 25 per cent of child suicides each year are due to bullying more broadly.

            Cyberbullying can involve social, psychological and sometimes even physical harm. It often causes fear, shame, guilt, withdrawal, loneliness and depression. Cyberbullying can come in the form of abusive texts and emails—and we as politicians are kind of used to that. We get lots of abusive emails, texts, tweets and Facebook posts. It can also come in the form of deliberately hurtful images or videos, offensive online chat or gossip and excluding other people online. That is really where a lot of, particularly, teenagers are experiencing this. These gangs of people are created, these online virtual groups, and people are bullied by being excluded. It is kind of insidious. We have all been through it at school. We were excluded from particular groups, from the cool kids club—

            Photo of Josh FrydenbergJosh Frydenberg (Kooyong, Liberal Party, Assistant Treasurer) Share this | | Hansard source

            Speak for yourself!

            Photo of Gai BrodtmannGai Brodtmann (Canberra, Australian Labor Party, Shadow Parliamentary Secretary for Defence) Share this | | Hansard source

            Not the member for Kooyong maybe, but we mere mortals. We did experience a lot. The majority of Australians experience some form of that at school—being excluded from their peers. Now it is not just happening when you are in a school environment but it is happening when you get home. So you get to your home, to that safe environment, that sanctuary, and you are still exposed to this insidious behaviour, this exclusive behaviour, this sinister behaviour.

            Because cyberbullying is often done behind the screen of anonymity, it can be particularly nasty. As I mentioned, we as politicians get it all the time. That is part of our job, unfortunately. But, if you are a teenager or a young child, you have not signed up for that and you may not have the resilience, the strength of character or the maturity of character—you are only a child or a teenager—to be able to deal with that nastiness. It gets beyond nasty actually; it becomes quite poisonous.

            Labor are committed to doing all we can to combat online child bullying, and that is why we support this legislation. However, I must add that this bill has been referred to a parliamentary committee for consideration, with the reporting date coming up on 3 March this year, so Labor will support this bill subject to any recommendations that may arise from that Senate committee.

            What does this legislation do? This bill establishes a Children's e-Safety Commissioner and sets out its functions and powers, with an aim to banning cyberbullying material targeted at Australian children. A key function of the commissioner will be to administer a complaints system for cyberbullying material targeted at an Australian child. The complaints system will include a two-tiered scheme—and the former speaker went into quite a bit of detail about that—for the rapid removal of any cyberbullying material targeted at a child. The commissioner will have the power to issue an end user notice to a person who posts cyberbullying material, requiring the removal of the material, asking them to refrain from posting the material and apologise for posting the material. The commissioner will also be responsible for promoting online safety for children, coordinating activities with government departments and administering the online content scheme that was previously administered by ACMA.

            This legislation will ensure that each social media service will comply with a set of basic online safety requirements. This includes minimum standards in a service provider's terms and conditions of use, a complaints scheme and a dedicated contact person. 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. A social media service notice of 100 penalty units or $17,000 may arise in relation to noncompliance. Ultimately this legislation is about ensuring online safety for children so that they can use social media services and electronic services in a safe way. It aims to protect Australian kids from cyberbullying.

            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 contained 32 recommendations, with the central themes being a focus on education and a multifaceted approach. The scheme I just spoke about, that pilot scheme, was part of the education process. Labor in government endorsed and responded to the recommendations of that report. We have consistently called for detailed industry and community consultation on these proposals. We have facilitated community input on the legislation by referring the bill to a Senate committee. Given this is the first piece of legislation on this specific subject matter, that is both desirable and appropriate.

            The former Labor government delivered $125.8 million towards a cybersafety plan to combat online risks to children and help parents and educators protect children from inappropriate material and contacts while online. Part of this plan was funding for National Cyber Security Awareness Week, which was a partnership between industry, community organisations and all levels of government. I understand that that week is still going. As part of the spirit of those initiatives that Labor introduced when we were in government, I have held a number of cybersafety forums in my electorate. They are free community forums and they are designed to engage and inform the community about how they can be smarter and safer online. I had a number of them in my first term. They were targeted at members of the community from all sorts of backgrounds but specifically parents and grandparents. As I mentioned, there were a number of schemes across a number of government agencies, both at the federal and state levels, that were targeting cyberbullying for children and for teenagers and there were a number of pilot schemes and a range of measures. In my view, there was a gap there for the parents and grandparents of young children and teenagers, particularly to raise awareness amongst them about what is actually happening, what their children could be up to and what they could be experiencing in terms of behaviours that surround that.

            At the forums that I organised, the presenter was the well-known, well regarded and highly respected Alastair MacGibbon from the Centre Internet Safety, which is here at the University of Canberra. At those forums, Alastair gave some frightening statistics on the range of scams that are taking place in cyberspace. He went into quite a bit of detail about online scams, who had been hit and what people need to look out for. He also outlined to quite astonished parents and grandparents just what their children, their grandchildren and their teenagers could potentially be up to in cyberspace.

            The parents and grandparents went away very grateful for their raised awareness and for having had highlighted for them the activities that their children and grandchildren were engaged in beyond the school gate, at home and quite often in the wee hours. When people think they are fast asleep and getting their sleep and rest for the next day at school, a lot of kids are still texting. He highlighted the signs that parents need me to look out for when it is interfering with a child's wellbeing, health and education. He also highlighted the signs of cyberbullying and what they need to look for in their children and their grandchildren. So they were incredibly useful forums and I am looking forward to holding a number over the next couple of years as well. They were very popular and specifically designed to raise awareness amongst parents and grandparents.

            We also heard about romance scams. I recently did a piece for the local Chronicle on buyer beware, particularly with Valentine's Day coming up. Lonely hearts need to be aware that romance scams last year were the largest scam in terms of money lost, as identified by SCAMwatch and the ACCC. There are all sorts of scams out there. I know that my mother has been a victim of one. I know that a number of her friends, post 70-year-olds, have been victims. Again, I send the message to all Australians that if it is too good to be true then it probably is. This is particularly important for small businesses as well. Having had my own business, I know you are a jack of all trades and it is easy for people to think something is a good deal or something will save some time. But when you get involved in it, you see not only a substantial sum of money lost but also the integrity and security of your business lost. That is probably more important than the money because the money can be made again; the integrity, security and reputation take a long time to build.

            Labor are conscious of the concerns raised by some parts of the sector that this legislation will not work. The opposition have consulted widely with industry and with a variety of interest groups and individuals on this legislation. We acknowledge some concerns around the practical implementation of some of the elements of this scheme. I would also like to acknowledge the work that many social media companies have already done to reduce cyberbullying directed at children. However, more often than not, if a site receives a complaint and acts on it promptly there will be no need for the complaint to go to the Children's e-Safety Commissioner. That means that this legislation will have little to no impact on the operations on those social media providers. Labor have also consulted with the Australian Interactive Media Industry Association Digital Policy Group, which represents Facebook, Google, Twitter, Microsoft and Yahoo7. As noted by the digital policy group in its submission to the Senate committee, 'Online safety is best achieved when government, industry and the community work together.'

            There is a range of activities that are also taking place in Canberra. I am running out of time, so unfortunately I cannot outline all of them. I know a number of schools in my electorate have already taken part in the Youth Advisory Group on Cybersafety. I mentioned Wanniassa School, but there is also St Mary MacKillop College, Caroline Chisholm High School and Telopea Park School. I commend these schools for taking up the challenge to beat cyberbullying and taking a multifaceted approach to that.

            The internet has the capacity to transform this country. Through the internet, the vastness of our land will no longer be a barrier to education, to health, to culture or to community. However, with expanded opportunity comes expanded risk and cybersafety is an issue that we will face well into the future. Cybersecurity is a collective responsibility, shared by all who use the internet. It is government's role to ensure the right system is in place to protect those users, particularly the most vulnerable: our children. I believe this legislation enforces the government's commitment to cybersafety and the establishment of a Children's e-Safety Commissioner is particularly pleasing.

            We will see what arises from the Senate committee report and whether any substantive measures might need to be taken up. At this stage, I commend this bill to the House and will it to achieve what it sets out to do which is to eliminate the scourge of cyberbullying in Australian society.

            4:36 pm

            Photo of Nickolas VarvarisNickolas Varvaris (Barton, Liberal Party) Share this | | Hansard source

            I thank the House for the opportunity to speak on this important bill, the Enhancing Online Safety for Children Bill 2014. Today's legislation is one crucial aspect of the coalition's election policy that will enable a suite of measures to improve the online safety of all Australian children. The safety of children is one of paramount concern in our nation. This is embedded in the legislation we enact and an essential part of our law enforcement and protection agencies. As the federal member for Barton with children of my own, the idea of any sort of harm inflicted on a child is unthinkable. Yet harm is not a simplistic notion. It is not isolated to a sticks-and-stones mantra. It can carry many forms and be disseminated through various mediums. With the advent of modern technology and the prolific use of social media and almost all children having access to a smartphone, a computer or laptop, children and young people are more exposed than ever to a cyberworld in which they need to tread carefully. Yet, children and young people can be naive or ignorant to the risks posed by engaging socially online and the sort of psychological warfare that endangers them. Online mediums such as Facebook, Instagram, Twitter, Dig, YouTube, Flickr, Tumblr, Reddit and other chat forums which allow for direct and open lines of communication, banter and debate can sometimes lead to personal attacks, incidents of trolling and even threats, whether intentional or not, that can create adverse consequences for the participants.

            What was once schoolyard banter can now rapidly escalate into bullying through far more sophisticated channels. Some participants deliberately choose not to confront their victims face to face and, instead, hide behind keyboards using pseudonyms and online identities or avatars to unleash verbal assaults on those less suspecting with far-reaching psychological effects.

            Cyberbullying, as the term has been coined, is sadly a familiar concept and frequent occurrence in the lives of many young children. As parents watch helplessly on or are perhaps even unaware of the damage inflicted on their children, the unresolved issues often result in severe depression, anxiety, low self-confidence and, in some extreme cases, suicide. The fear of loss of reputation and social standing is traumatic for children and teenagers. To rule out internet use completely as a solution is unfeasible in this day and age. Rather, we must ensure there is a multipronged approach to dealing with often sensitive but extremely critical matters.

            The coalition is committed to ensuring that no children should have to be exposed to racism, violence, discrimination and prejudice, specifically in an online environment. Bullying statistics demonstrate that cyberbullying is actually one form of teen violence that can inflict lasting trauma on the victim. A staggering 20 to 40 per cent of adolescents have been bullied on more than one occasion either via mobile phones or the internet.

            Being aware of this occurrence is one thing but having the specific legislation and resources in place is the only way to safeguard all children.

            Having specific resources dedicated to this increasingly prevalent issue is essential, given the nature of this bullying. Many parents report a feeling of helplessness upon discovering their children have been victims of cyberbullying, because it is an unfamiliar concept to them. It can be difficult to provide a solution if you are also navigating uncharted waters yourself.

            The coalition has undertaken thorough research and stakeholder liaison in the preparation of today's bill so that there is appropriate leadership to this ongoing matter. As such, today's proposed bill will allow the establishment of a Children's e-Safety Commissioner which will act as a single point of contact for online safety issues and spearhead the government's policies for improving the safety of children online.

            The coalition proposes that the commissioner be an independent statutory office within the Australian Communications and Media Authority to focus solely on the issue of online safety. We propose that the key function of the commissioner is to administer a complaints system for cyberbullying. We also propose that the commissioner will have two sets of powers when responding to and dealing with complaints.

            The aim is to leverage the commissioner with appropriate power and resources to issue a notice to a large social media service asking for it to remove offensive material. It can do so voluntarily but, if it fails repeatedly, the request for removal will become legally binding. Furthermore, and this is quite critical, the commissioner will also have the power to request the person directly—that is, the end user, who posted the original material—requiring the individual to either remove the offensive material, refrain from posting the material or apologise for having posted it. Of course legal sanctions may not be necessary at all if the social media site removes the offending material in a timely manner.

            Today's bill incorporates the legal sanction aspect, because so many social media sites have failed to do so. Simultaneously, large social media sites should be given notification through its processes for offending material to be removed and, in the event that this does not occur, a complaint is formally registered with the e-safety commissioner. If the social media site removes the material promptly, there will be no need to further pursue this with the commissioner and obviously no legal action. In this way, we are ensuring all parties are given an opportunity to seek appropriate remedy without diving straight into a punitive process.

            I would like to take this opportunity to assure everyone that this is not about creating excessive regulation and red tape. As I mentioned previously, the rate of cyberbullying and its ramifications have been recorded in the public space for some time now and it is imperative we act accordingly to the needs of those affected and safeguard all children.

            While previously little was known or understood about this modern dilemma, cases such as Charlotte Dawson, Louise Stalker and the Australian Defence Force Academy Skype scandal highlight the need for an efficient and effective case handling process that involves civil penalties and appropriate levels of accountability.

            Cases of children, young adults and even fully-grown adults experiencing online bullying, harassment and threats demonstrate the need for an authority that is equipped with the resources to tackle the issues where previously, social media sites have failed to do so. This was supported by a government commissioned detailed report by the University of New South Wales Social Policy Research Centre which concluded that a crucial obstacle encountered by our police and agencies when dealing with this was lack of liability and ownership of the issue by the social media sites.

            Many public consultations have also concluded that, even when the complaint process was followed through the social media site, material was not removed; and cases where fake accounts were set up to disseminate offence were still permitted to operate. This has nothing to do with free speech, excessive regulation and content censorship—rather it is strictly about protecting individuals against harm.

            I want to assure everyone that freedom of speech is not at stake here, and that is why these measures specifically target those communicating with children, who are at impressionable stages in their lives and do not possess the cognitive functioning which might shield them from online assaults.

            As parliamentarians, we are obliged to create a safe environment for children and, by streamlining and simplifying the cyberbullying handling scheme, we are getting on with the first step of enhancing cybersafety. Other duties that will complement the e-safety commissioner's key functions include promoting online safety for children; coordinating relevant activities with Commonwealth departments, authorities and agencies; creating educational and community awareness programs; and advising the respective minister.

            Fundamentally, the legislation will ensure that social media services comply with basic standards of care for their users. Shifting their responsibility to that of the user and victim, essentially blaming them for events outside of their control, is grossly unfair and unhelpful in deterring cyberattacks. Unfortunately, evidence provided to the coalition shows that social media sites cannot be trusted to remove offensive material on their own accord. So the bill before us today is absolutely necessary to monitor the breach of safety and enhance online security for all children. The longer something remains online, the more harm it can do, especially if posts, pictures, videos and so forth become viral—something that happens time and again once it has a particular audience reach.

            As I mentioned before, the safety of children is of paramount concern when it comes to Australia's legislation, and this one is no different. We owe it to the victims, past and present, to act immediately with an effective solution to curb cyberbullying. I commend this bill to the House.

            4:45 pm

            Photo of Jill HallJill Hall (Shortland, Australian Labor Party) Share this | | Hansard source

            Mr Deputy Speaker Vasta, I would like to congratulate you on the birth of your latest child. In doing so, I would also like to speak on the bills we have before us today, the Enhancing Online Safety for Children Bill 2014 and the Enhancing Online Safety for Children (Consequential Amendments) Bill 2014. Mr Deputy Speaker, I know that as a parent this is something that will be very close to your heart and something that you will be pleased to see pass through this parliament. The primary bill establishes a child e-safety commissioner and sets out its functions and powers, which relate to a defined prohibition against cyberbullying material targeted at an Australian child. I am not sure that Australians are aware of the depth of this problem. It is enormous. It is a problem that affects practically every family within this nation. For every family that has a computer and has young people who are computer literate and are involved in social media, it has the potential to impact on their life.

            There has been considerable research done on cyberbullying. The previous speaker mentioned the research conducted in conjunction with the University of New South WalesYouth exposure to and management of cyberbullying incidents in Australiawhich showed that one in five Australian children aged between eight and 17 experience cyberbullying each year. In 2013, 72 per cent of schools reported at least one incident of cyberbullying. In conversations I have had with schools within my electorate each and every one of those schools can roll off a list of accounts of cyberbullying that those schools have had to deal with. The estimated number of children and young people aged eight to 17 who have been a victim of cyberbullying in Australia is around 463,000—of whom around 365,000 are in the peak age group of 10 to 15. Girls are more likely to be victims, and that reflects their relationship with their peers. It is devastating for a young woman to be a victim of cyberbullying. One young woman in the Shortland electorate actually left school early and has gone to TAFE to complete her schooling.

            It is said that 'cyberbullying is like any other form of bullying'. I attribute that quote to the chief executive of the Alannah and Madeline Foundation, Dr Judith Slocombe. I would have to say that I disagree with her. It is not like any other kind of bullying; it is much worse. If you are being bullied within your school it tends to be confined to that school community or the immediate community outside the school. With cyberbullying, it goes viral. It can cover a whole region. In the Hunter, where part of my electorate is, or on the Central Coast, where the other part of my electorate is, a young person may be a victim of cyberbullying within their own school community but that goes viral and they become a victim of cyberbullying within the whole region. It really does impact on that person's ability to learn and to relate to other young people and it impacts on that person's mental health. There is a need for much work to be done on deterrents to cyberbullying.

            Last Friday, the state member for Charlestown, Jodie Harrison, and I met with the school leaders within our electorates. We talked to them about issues that were important to them and we talked about issues that were having the greatest impact on their lives and the lives of the young people in the communities where they were leaders. The two issues that they raised were cyberbullying and mental health, and then they went on to explain how the two were interlinked and how part of the work that they were hoping to do as school leaders in 2015 was aimed at addressing the impact of cyberbullying. As one young person spoke another young person would be nodding in agreement, and there was a definite consensus throughout the whole of that room that cyberbullying was bullying of a different order, bullying that affected a person's life in so many different ways. It attacked their self-esteem, made them feel marginalised and led to a situation where their overall mental health and wellbeing were jeopardised.

            I do not think that we as a parliament can underestimate the impact of cyberbullying. I do not think that we as the nation's leader can walk away from our responsibility to create a safe environment for young people who are using the internet. The Edith Cowan University reported stated:

            Cyberbullying appears to be related to age (or access to technology), with older students more likely to engage in cyberbullying than younger students.

            I would also argue that students when they reach a certain level of maturity tend not to be quite so involved as those in the key peak age group of 10 to 15 years of age but that by the time they get to the end years of school and have decided: 'Maybe I might take my Facebook account down,' which I have heard many young people say, the damage has already been done for the most vulnerable students.

            The Catholic schools have a cybersafety website that keeps parents up-to-date with what is happening in their children's world. I think it is really important that parents, teachers and all the significant people in a young person's life are aware of the internet, of its positives and of its negatives. They need to know what is happening in that child's world. They need to be involved in a child's life to ensure that the computer is a tool that delivers knowledge and a good quality of life not something that can destroy a young person's life. The New South Wales Department of Education and Communities has an A to Z website for parents which looks at ensuring that parents have knowledge about cyberbullying and the impact that the internet can have upon young people. In the Hunter region we have a headspace that was opened in 2013. There is a new headspace that is going to operate in the northern part of Wyong Shire with an outstation at San Remo Neighbourhood Centre in Shortland electorate.

            Discussions with all the major stakeholders have led to the conclusion that cyberbullying has the most enormous impact on young people's lives. There is a great debate about whether or not there is a link between bullying and mental health. I have definitely seen examples where there has been that link, where a young person has ended up needing to seek help from a mental health professional. It can be argued that teenage suicides are directly caused by bullying. That is a simplistic approach. It is not that simple. It cannot help but be conceded that an environment that belittles, intimidates and frightens does not create rehabilitation. There can be extreme consequences, such as self-harm, caused by mental illness. But bullying sows the seed. It does not cause mental illness but it sows the seed. It attacks a young person's self-esteem and their self-worth. It marginalises them. That is why it is important that at every level when we are considering the mental health of young people we use every tool possible to ensure that they enjoy good mental health.

            Social media provides a wonderful opportunity for young people to express themselves. However, the faceless nature of online communication makes people more brazen. I think many of the speakers in this debate have mentioned this. What results is that the forum for help turns into an arena for ridicule, and that can have an enormous impact on young people.

            The legislation before us today establishing a Children's e-Safety Commissioner to look at cyberbullying material targeted at young people in Australia is supported by us on the side of the House. A child or their representative can complain to the commissioner that they are or have been the subject of cyberbullying material targeted at an Australian child, and the commissioner may investigate such complaints. The bill sets out an expectation of the parliament that each social media service will comply with a set of basic online safety requirements, including minimum standards in a service provider's terms and conditions of use, a complaints scheme and a dedicated contact person. The bill creates two tiers of social media. Tier 1 comprises social media services which have applied to the commissioner to be declared as such. Tier 2 social media services may be issued a social media service notice by the commissioner.

            Social media and the internet are something that most Australians value, particularly young people. This is the era of social media. This is an area when we communicate with each other through social media, and we have to ensure that it is safe. We on this side of the House support the legislation. In doing so, we acknowledge that there are many cases where young people's lives have been impacted upon by cyberbullying on social media.

            4:59 pm

            Photo of Russell MathesonRussell Matheson (Macarthur, Liberal Party) Share this | | Hansard source

            It is great to see the bipartisan approach that has been taken in relation to cyberbullying. I thank the member for Shortland for her contribution today. I rise here today to offer my support to the Enhancing Online Safety for Children Bill 2014. Parents, schools, teachers and children throughout my electorate of Macarthur have given me extensive feedback about the harmful effects of cyberbullying and the terrible impact it can have on young people.

            This bill will play a significant role in addressing the growing problem of cyberbullying and will enhance online safety for children living in Macarthur and across the country. The bill includes a range of measures to combat cyberbullying and provide a safer online environment for children, including establishing the office of a Children's e-Safety Commissioner and setting out the commissioner's functions and powers, creating an effective complaints system for harmful cyberbullying material targeted at an Australian child, with the commissioner given two sets of powers it can use in responding to a complaint—(1) the power to issue a notice to a large social media service requiring it to remove material, and (2) the power to issue a notice to the person who posted the material, requiring that person to remove the material, refrain from posting material or apologise for posting the material.

            Ultimately, these measures are designed to encourage large social media services to work with and cooperate with the commissioner under what is called tier 1. However, if a large social media service repeatedly fails to respond to a notice from the commissioner then it can be moved to tier 2, meaning it has a legal duty to remove cyberbullying material if it receives a notice from the commissioner and faces substantial fines if it does not.

            The government has consulted very extensively with schools, parents, children, young people from the ages of five to 17, social media services and other stakeholders. The message we received from the community was emphatic and unequivocal: the government must act to fight cyberbullying and help keep Aussie kids safer online. This bill is a big step towards Australian children being better protected against cyberbullying and being safer when they go online.

            The coalition went to the 2013 election with a policy to establish an effective complaints system backed by legislation to get cyberbullying material down fast from large social media services. This legislation delivers on that commitment. This legislation will establish the office of the Children's e-Safety Commissioner, which will be a single point of contact for safety issues and will take the lead across government in implementing policies to improve the safety of children online. The legislation will state the parliament's expectation that social media services comply with certain basic online safety requirements to have: terms of use that sufficiently prohibit the posting of cyberbullying material; a complaints scheme under which end users of the service can seek to have material that breaches the service's terms of use removed; and a contact person for the commissioner to refer complaints that users consider have not been adequately dealt with. The commissioner will have the role of communicating the expectation to social media service providers as far as practicable.

            Complaints regarding cyberbullying material on social media services may be referred to the commissioner if they have not been adequately resolved by the social media service. The commissioner will have the power to investigate complaints and conduct such investigations as the commissioner sees fit. The commissioner will maintain registers of tier 1 and tier 2 social media services and will be able to publish statements about social media services failing to comply with the basic online safety requirements, failing to comply with a request for removal of cyberbullying material or failing to comply with a social media service notice.

            A very clear principle of the complaints process is that the first step before a complaint can be received and considered by the Children's e-Safety Commissioner is that the complainant must have reported the cyberbullying to the large social media site under its established processes. This is because the government recognises that many social media sites have significantly improved their complaints handling arrangements for removal of cyberbullying material. If a site receives a complaint and acts on it promptly, there will be no need for the complainant to go to the Children's e-Safety Commissioner and the scheme will have no impact at all on the operation of the site's normal processes. It is only if a site does not respond that the Children's e-Safety Commissioner will get involved. The design of the rapid removal scheme minimises the impact on industry by utilising social media sites' existing complaints handling processes and online safety initiatives. Ultimately, the two-tier scheme has been developed to minimise the burden on, and regulatory exposure of, social media services that cooperate with the Children's e-Safety Commissioner.

            The government is committed to working with industry to ensure that better child online safety tools for smartphone and other devices and internet access services are readily available for parents to purchase. The coalition's stated election commitment was to work with mobile phone companies—such as Telstra, Optus, Vodafone and their resellers—and internet service providers that provide fixed broadband services to the home to make software available that parents can choose to install on their own devices to protect their children from inappropriate material. The government has established a child online safety tool working group with representatives of major internet service providers and mobile operators which has begun work on this service. The Children's e-Safety Commissioner will take this work forward once appointed.

            The commissioner will take a national leadership role on children's online safety initiatives across government to develop and implement policies to improve safety for children online. The commissioner's office will be established as an independent statutory office within the Australian Communications and Media Authority. The commissioner will work closely with police and other government agencies, as well as with the internet industry, child protection organisations, and parent and teacher associations.

            The commissioner will administer funding of $7.5 million for online safety programs in schools and also support Australian based research and information campaigns on online safety. Other functions for the commissioner will include: coordinating relevant activities of Commonwealth departments, authorities and agencies; supporting, conducting, accrediting and evaluating educational and community awareness programs; and making grants and advising the communications minister. The commissioner will also have the function of administering the online content scheme set out in schedules 5 and 7 of the Broadcasting Services Act 1992. That was previously administered by the Australian Communications and Media Authority and is being transferred to the commissioner without substantive amendment.

            Since I have been in parliament, the member for Forrest has been a champion against cyberbullying and has travelled around Australia to cyberbullying forums. In my electorate there have been many, many forums in relation to cyberbullying. I know a young man by the name of Josh Cotter who works within the Catholic school system. He has been going around to all the Catholic schools. They have a cyberbullying network that they talk about in the schools. At every forum I have been to in relation to cyberbullying people have got up to talk about their experience and what has occurred to them in relation to cyberbullying. You can see the pain etched in their faces when they start to talk about it. Very often it brings tears. There are mental health effects.

            This bill addresses a lot of things a lot of things in relation to cyberbullying and will stop people from getting online and virtually terrorising people. Too often, we hear of young people who have taken their lives because of cyberbullying. The youth forums have worked really well in relation to it. The big issue that arises in relation to cyberbullying is mental health. It has a huge impact in the Macarthur region. This legislation goes a long, long way to addressing those concerns.

            The member for Forrest, who has championed this matter since I have been in parliament, has done a wonderful job. Through her efforts, she has brought this to the attention of this parliament. She has worked tirelessly and fearlessly since I have been here to make sure that legislation is introduced to address cyberbullying. I congratulate the member for Forrest.

            5:07 pm

            Photo of Andrew BroadAndrew Broad (Mallee, National Party) Share this | | Hansard source

            I am quite proud to speak on the Enhancing Online Safety for Children Bill 2014 and cognate legislation in the Australian parliament, because I understand the innocence of youth. It is important that we protect our youth, who need an opportunity to grow up and develop as people and not be subjected to harassment and predators, which have now become more prevalent because of online technology.

            Years ago a father and a mother could very much protect the Australian family home, but now the family home can be infiltrated so much more easily because of technology. Around half of Australians between the ages of eight and 11 use social media services. I am always astounded by how tech savvy our young Australians are. Even a two-year-old can work out how to use the remote control for the television. It just amazes me, especially when I find myself still, as a federal member of parliament, typing with two fingers. Technology has afforded our children great opportunities, but it also has some inherent risks. While 50 per cent of people between the ages of eight and 11 use social media services, that figure greatly increases, to 90 per cent, for those between the ages of 12 and 17.

            I hark back to my best mate, who was best man at my wedding and whose daughter has recently turned 15. On her 15th birthday she said to her mother, 'Mum, how old were you when you got your first mobile phone?' Of course, those of us born in the late seventies will realise that mobile phones were not around when we were 15. She said to her daughter, 'I was 35 when I got my first mobile phone,' and her daughter said, 'Have I got to wait till I'm 35, Mum?' And her mother promptly replied, 'Yes!' If we could, we would protect our children by keeping them away from technology, but we cannot. The world has moved on, and technology is very much a part of their lives. But it is right and appropriate for the government to have a look at how, within the means of technology, we can protect our children.

            One of the most important roles of the Australian parliament is the defence of its people and the protection and security of its people. Protecting our young children and teenagers, as they are walking the journey of growing up, from those who seek to be predators and from those who seek to bully them is very much the role of the Australian parliament. It is something that unites both sides of this parliament when looking at issues like child safety and enhancing online safety.

            This bill has a lot of good in it. It talks about developing the Children’s e-Safety Commissioner. I think it is appropriate that we resource someone with the key role of looking at this issue and making sure we protect our children. It is very simple to talk about it but not to resource it. It is very simple to appoint it to lots of different departments, but then it gets missed because everyone is busy. The establishment of an e-safety commissioner is very good. It is the first point from which we should start. Promoting online safety will be part of the e-safety commissioner's role. It is important that we start with the fence around the top of the hill, ensuring that parents are looking at what their children are viewing and what access they have to online material. It is important that a conversation occur between older peers and younger peers about what is appropriate viewing and about what is appropriate behaviour and unacceptable behaviour. The fence around the top of the hill in promoting online safety is a very good place to start.

            The other thing is an effective compliance system. There also needs to be a way of removing bullying from the internet. The trouble for so many people is that the internet has a way of retaining things, and things can pop up again and again. That can be quite traumatic, particularly for young males or females as they are growing up. It can be quite traumatic when they are dealing with bullying not only in the schoolyard but also through social media, where the bullying spreads and is sent to their mates. Having a way of removing that online presence is critical. We have been quite strategic in doing this in the bill, and I think the approach taken is very wise, with a two-tiered system, essentially asking online platforms to be socially responsible and, if they are not, using legislation to bring that about.

            Statistics tell us that 21 per cent of 14- and 15-year-olds and 16 per cent of 16- and 17-year-olds have experienced cyberbullying. Every one of us in this chamber, who have had different life experiences growing up, would be able to remember what it is like to be bullied as a child. It does stick with you. In the chamber, where people throw abuse at one another—that is a bit of an overhang in the Australian parliament—we have thicker skin and we can behave ourselves and handle things a bit differently. But in those early years when you are growing up and struggling with self-image and self-worth, those things can bruise. Making sure that we have a good system of removing that possibility through legislation is very important.

            The third key feature of this bill, which is also part of protecting our children, is additional funding of $7.5 million for schools to access online safety programs. There are filters we can have but the teacher cannot always be watching, even with the new style of classroom—I am glad I was not brought up in these classrooms because it is very hard to hide in the corner—there is the ability to use online equipment. It is important that we have allocated $7½ million for the National Safe Schools Framework to help online safety programs. I am always very impressed with the way youth culture stands up for youth culture. Surrounding our children with positive messages is very empowering to young women and men as they walk this journey. Whilst I know this is quite an indulgence, I want to quote some of the lyrics from a Taylor Swift song. It is quite a controversial song, because recently it was banned from Triple J's Hottest 100. There are many Taylor Swift fans who would say that banning this song from the Hottest 100 is the strongest argument for cutting ABC funding and Triple J funding. According to 'Shake it Off':

            Cause the players gonna play, play, play

            And the haters gonna hate, hate, hate

            Baby I'm just gonna shake, shake, shake

            Shake it off.

            It is a really positive song when you look at online bullying. What it is actually saying is: 'Just let it wash over you.' It is a great symbol for a young successful singer to say to her culture: 'Bullying can happen, you cannot control what they are going to say to you, but you can control your response to it.' That is another way that we can also address this issue.

            Certainly the Australian government's commitment to have a children's e-safety commissioner is great. It will promote online safety and a two-tiered compliance system that can remove bullying and abusive words from the internet is the next step. Spending $7½ million for the schools access online safety program is fundamental for protecting children and our schools. In the words of Taylor Swift, 'Shake it off'. Let's say to our young people out there: 'You are worthwhile; you are someone; you have a strong future. Shake it off. The haters are gonna hate, the players are gonna play. We want your innocence protected; we want you to grow up in peace and harmony and you to contribute to make this country a great country.'

            5:18 pm

            Photo of Michael McCormackMichael McCormack (Riverina, National Party, Parliamentary Secretary to the Minister for Finance) Share this | | Hansard source

            We all know that mental health is the single biggest health issue facing, confronting, many Australians today but particularly our youth. The government has a role to play to ensure that adequate services are developed that are responsive and supportive but that also aim to build resilience amongst young Australians. 'Resilience' is the key word—it is so important. I commend the member for Mallee for his fine speech. I am a bit disappointed he did not vocalise the lyrics of Taylor Swift a little more and do a few of her moves, although perhaps the parliament is fortunate that he didn't, but the message is correct: songs can reach out so well to particularly young Australians and they can send a powerful message—much better than we can standing here in the parliament making speeches. I am sure that will go viral on You Tube when the good member for Mallee loads it up later on, and I am sure that that message is going to resonate not just with the young people of his Victorian electorate but, indeed, with young people throughout Australia. It is important that we do whatever we can, as a government, as a parliament and as a nation to curb the scourge that is online bullying, cyber bullying; to curb the scourge that is people taking advantage of other people in a most unfair way and in a way that can affect their mental health.

            The rise of social media networks and online digital platforms has grown and developed rapidly over the past few years, in such a short time, and it is constantly changing and evolving. We give it and take it across the dispatch box and we give it and take it when it comes to the public's views about us, but we are used to that—this is the hurly-burly world of politics. Young people should not have to put up with some of the things that are said about them, anonymously, on line, that are said about them via cyberspace. They get affected by it. Everybody is different. We need to build resilience but everybody is different and takes things in very different ways.

            New challenges arise daily as online technology continues to evolve and as the way we communicate continues to change. It leaves us with the challenge of how best to respond and ensure children are safe when using the world wide web, interacting on social media networks—such as Instagram, Facebook and Twitter—and engaging on online games networks. Today children are spending more time online than ever before. The internet is an extremely useful tool—we all know that—but it also poses some great risks and ongoing challenges for users, for parents and for people who are responsible for the care of children, in particular. The growing sophistication of internet and social media platforms is accompanied by an increasing risk and threat to users. Research shows that one in five Australian children are the victims of cyber bullying. Cyber bullying can be even more debilitating than direct bullying, with victims feeling as though there is no escape. How sad is that? It can be destructive and lead to very serious long-term mental and physical health issues. Even worse, it can lead to suicide—a very long-term solution to what is often a short-term problem. We have seen far too often, far too tragically in this nation, kids driven to such despair that they take their own lives. This government is taking action to combat cyber bulling and provide a safer online environment for children and young Australians. I know that members opposite are also very much in lockstep with the sorts of things that we need to do as a parliament to prevent these sorts of mental health issues becoming even more prevalent.

            This bill will enact a number of measures to provide a safer online environment particularly for children. This legislation will establish the office of Children's e-Safety Commissioner to provide a single point of contact for online safety issues. The commissioner will take the lead across government in implementing policies to improve the safety of children online. This is not Big Brother stuff—this is needed. As a parent of three children, I can see the immediate benefit of a one-stop shop for reporting any harmful or untoward behaviour targeted at vulnerable children. My children are pretty tough—they have had to be; they have grown up with me as a newspaper editor and I suppose a public figure, and over the last 4½ years as a politician. They cop a fair bit, being the children of a politician. Even they have been subjected to online bullying, and it hurts. It affects kids. No matter how resilient or how tough they are, it affects kids—and let me tell you there are a lot of kids out there who have not had, I suppose, the upbringing in a family where things are talked about over the dinner table, as happens in my house, where things are openly discussed and everybody has access to each other's Facebook. We are all friends on Facebook in our family. Some kids keep to themselves. Things are not discussed in busy households and sometimes things build up—kids bottle things up inside and there is no proper release valve. The release valve sometimes is self-harm; the release valve is doing things that they would not have resorted to had they not been bullied or seen something online.

            The e-safety commissioner will work closely with the police and government agencies—that is completely necessary—as well as child protection organisations and parent-teacher associations. They will also support Australian research and information campaigns on online safety and will administer funding for the development of online safety programs in schools. How important will that be—getting the message out to where the kids are, to where they learn, to where they develop many online strategies. The bill will also see the creation of an effective two-tier complaint system to assist the commissioner to work cooperatively with large social media services.

            This bill was a policy commitment the coalition made prior to the last election and one which is widely supported by the Australian community—as it should be. The government has played a proactive role in putting in place extra protection for children and supporting children and families in building resilience—a very positive outcome for the community, as a whole, in addressing some of the conflict issues which arise when people are engaging online.

            I take this opportunity to recognise and praise the efforts of the member for Forrest, Nola Marino—a great regional member. I listened to her speech very carefully earlier today. She is constantly bringing cyber safety to the attention of members and senators and keeping that issue at the forefront of their minds.

            Photo of Kelly O'DwyerKelly O'Dwyer (Higgins, Liberal Party, Parliamentary Secretary to the Treasurer) Share this | | Hansard source

            That is true.

            Photo of Michael McCormackMichael McCormack (Riverina, National Party, Parliamentary Secretary to the Minister for Finance) Share this | | Hansard source

            The member for Higgins knows, as I do, being a member of the class of 2010, how the member for Forrest has engaged with us as members of that year group—as well as with those here before we came into parliament and those I am sure in the class of 2013—on the importance of those online safety forums for kids. She has brought experts in from the police, from social services and from all areas of government and the community to talk with members of parliament—not just on the coalition side but members opposite, too, because she cares about this issue. We all do, but she has made it one of her real key issues. I am sure when Nola Marino retires from parliament, and for many years hence, people will look back and say, 'That was the fearless lady who made such an issue of online bullying measures.' Let me tell you, her name is writ large in this legislation—as it should be. She has delivered numerous cyber safety presentations to children, teachers, parents and families and the broader community with the support of the Australian Federal Police and Western Australia Police. This truly is remarkable work from the member for Forrest.    This year she is working with young children from preschool through to year 12 to do what she can to ensure our young people, many of whom are vulnerable, are able to better protect themselves and build their resilience.

            I know I am going on a bit about the member for Forrest, but she has been such a great advocate on this that I need to. People out there listening to this broadcast will hopefully go onto her website and see the great work that she has done—and perhaps also pick up a few tips. She has been a fierce advocate of improving online safety knowledge and skills, and she encouraged her local communities to engage with and respond to the discussion paper process which led to the development of the measures in this bill. As I say, her name is writ large right throughout this bill and her advocacy will not cease following its passage. I commend her efforts and know she will continue to make a strong case for ensuring young Australians are best placed to protect themselves online. I must say my predecessor Kay Hull—the member for Calare will agree with me—was also very noisy on this issue. I know that she put out some good publications in the Riverina electorate when she was the member from 1998 through to 2010 about this very issue. I am sure she will be pleased to see the passage of this legislation as well.

            Education is a major part of the answer to the problem of ensuring young Australians have the skills and ability to manage online risks when faced with them. I would like to acknowledge the vital role headspace plays in assisting young people encountering mental health problems and helping thousands of young Australians to get their lives back on track. I was delighted last year, in early October, to announce that Griffith, in western Riverina, would benefit from one of several new headspace facilities announced as part of last year's budget. When health minister Peter Dutton told me that that was going to happen, I was delighted because I knew what a difference that would make to the western Riverina—not just the western Riverina but parts of the Farrer electorate and indeed parts of Mark Coulton's electorate, Lake Cargelligo in particular, who draw upon Griffith as a central hub for all sorts of things—health and social services and particularly, now, mental health services. Better mental health services are vital for regional communities, particularly for young people as predominantly large users of the internet and who engage frequently on social media networks. Mental illness amongst those aged 25 and under make up three-quarters of cases treated in Australia—75 per cent. And with the rise of the digital world, online communications and social networks this figure will increase if we sit idle and are not proactive in our response—and that is what we are doing today.

            I have fought hard for improved mental health services in regional areas and a headspace for Griffith over a number of years now, speaking numerous times in this place about the need for better mental health services in regional areas in the Riverina. To that end, I commend the committee chair of the Griffith headspace, Peta Dummett, for the work she has done in getting people enthused about this project and continuing to lobby to get the headspace and, since it has been announced, to continue to lobby to make sure that when it does become a reality that it is everything that we need it to be for the western Riverina.

            The community, local councils and thousands of people contacted me, indicating their support for a headspace facility in Griffith and I am pleased to have been able to deliver this important facility for that city and for the wider western Riverina region. This is a great outcome for the community to assist in supporting and building resilience—that word again—in young people when it comes to dealing with mental health.

            Government alone will not be able to combat cyberbullying—we all know that. But a coordinated approach from government, with education programs in schools and the role parents play, are critical, crucial elements in assisting children to develop skills to respond to bullying behaviour while helping them build resilience and broader social skills online and when using social media platforms.

            I have to say that coalition governments have led the way in assisting young Australians with mental health issues. I will put a shout out to Labor; I know that Labor is committed to these sorts of programs too. It is a whole-of-government and a whole-of-parliament approach.

            Headspace, established in 2006, is a world-first initiative which fills a gap in the system by treating young people who have mental health issues. To date, headspace has helped tens of thousands of young people through numerous headspace facilities dotted right across this wide, brown land and through their online support service, eheadspace.

            This bill provides another active step by this coalition government to ensure that Australian children—our most precious resource; let's never forget that, that kids are our most precious resource—are better protected against cyberbullying and that they will be safer when they engage in the online world.

            In conclusion, I would like to acknowledge the work of the Parliamentary Secretary to the Minister for Communications in bringing this important policy commitment forward since the last election, to better enable and protect our most vulnerable users of the internet. When I talk about that parliamentary secretary in particular, I know the great efforts that he has gone to also—as has the member for Forrest—to ensure that this legislation goes through; to ensure that every little aspect of this legislation will ensure that kids get a safer internet and that kids are protected from those pariahs—those dreadful people—who use the internet for means with other than good intentions, and also for those who, unintentionally perhaps, bully others.

            This legislation is particularly good legislation. I commend it for its intent and I know that it will make a real difference to the young people of Australia, who are our leaders of tomorrow, who are our future and who deserve every protection that they can receive.

            5:33 pm

            Photo of John CobbJohn Cobb (Calare, National Party) Share this | | Hansard source

            I have enough grandchildren to field an AFL team. Admittedly, they were not born south of the border and, being normal people, they know more about rugby league, rugby union and netball than they do about AFL! The point is that even if I did not have that many grandchildren I would still have to support this Enhancing Online Safety for Children Bill 2014. I guess if you come here and do not see looking after children as one of our priorities then you should not be here.

            I think the figure that is really amazing in all of this—and we are talking about cyberbullying in particular—is that they say 20 per cent, one in five, children aged between eight and 17—and they are not really children by the time they are 17—are the victims of bullying. Not that they have had it tried on them, but if you are a victim then it has affected you badly.

            We live in a very different world; a world where far older people can be influenced online and even convinced that they need to go over and be part of the lunacy that is happening in the Middle East at the moment with the death cult. If they can be lured, then it is not surprising that those between the ages of eight and 17 can be extraordinarily influenced by it.

            If you were born before 1980 or 1970 or, if I am honest, before 1960, then it is a bit hard to imagine why it happens. Why do they bother reading it? On the other hand, there is no pressure stronger than peer pressure, as anyone in this House knows. We suffer from it and teenagers are more prone to the pressures of their age group than almost anyone else at all.

            Research has revealed that almost half a million Australian children suffered some form of cyberabuse last year alone. I would be absolutely staggered if there were no a person in this room who does not see that as a incredible figure. Obviously, we do have to do something about it and I am sure that this is a bipartisan debate that we are having. I certainly hope that it is. These changes are awfully important and they certainly need to work. As government representatives, or representatives of electorates, whatever your position in this place—it is an incredibly important bill to keep our children safer online.

            Children have access to all kinds of internet—including social media, which can make bullying a lot easier. But the damage is still the same and we will have an incredible effect upon them. I encourage us all to stop and think for a bit about our children—and our nieces and nephews, our grandchildren, whoever it might be. We should think about whether we want them to think that we ignored something so incredibly painful, something that has such a huge effect on their lives—if we did not do everything we could to stop cyberbullying.

            I am sure we are all behind this, and we have to do what is possible in this day and age to meet a modern phenomenon with a modern approach. Anxiety, depression and behavioural issues are just some of the effects. Yes, I think the member for Riverina used the phrase 'mental illness', but certainly this sort of behaviour socially will cause all of those things—deep depression and even suicidal tendencies—a terrible thought, and one you would not have thought possible. It is hard to think that people could so seriously consider such things when young, but they do. And it is caused by modern communications and social media. If this bill can bring about changes that stop just one instance of that, then obviously it has been worthwhile. We have an obligation to all victims, those who have been in terrible straits up until now because of it, to make sure they know that from now on it will be somewhat harder for people to get away with indulging in it.

            We are all aware that we, the coalition, made a commitment at the 2013 election to improve the safety of children online. We had a policy to establish an effective complaints system backed by legislation to get this sort of bullying material down from large social media services. This legislation delivers on this commitment. It will establish the Office of the Children's e-Safety Commissioner, which will be a single point of contact for online safety issues and will take that lead across government in implementing policies to improve the safety of our kids online. This commitment won overwhelming support from the community because everyone recognises that this is a very real issue. But it is not something you can touch; you can only deal with it in the same way it happens.

            The figures and facts that I provided are very real. We have consulted extensively with schools, parents, children, social media services and other stakeholders over the last few years and long before we got into government. While everyone agrees we have to do something, we have heard that message loud and clear. It is now time to do something. This bill does have the potential to make a difference to hundreds of thousands of lives. When you consider that almost half a million young people are going to be affected by this in any one year, it is quite a staggering figure. If it makes life easier for parents—it is very hard for parents to deal with these things. It is not visible. There is obviously no child today that is not going to be online; they are all going to be using modern IT and social communications. It is almost impossible for parents to deal with it directly. Doing something that makes it possible for government to come down hard on those providers who are advised of where the problems are and do not deal with them when they are able to is something I think we would all have to be in favour of.

            5:41 pm

            Photo of Rowan RamseyRowan Ramsey (Grey, Liberal Party) Share this | | Hansard source

            It is often said that the pen is mightier than the sword. Unfortunately, it seems that in this modern world the pen has been retired to the backbench or even out the back door. It constantly amazes me how empowering and disassociating the internet has become. It is empowering in the sense that all kinds of people can have opinions on everything—without necessarily being very well resourced or having a well thought-out argument—and they are able to peddle that over the internet. The thing that constantly amazes me is how indignant and rude, how offensive they can be, on the internet, when most times they are not like that in person. What is it that makes a normally meek, mild and inoffensive person a mean and offensive attacker when they get on their keyboard in front of their computer?

            My experience is that, as members of parliament, we are all, from time to time, on the receiving end of fairly nasty emails. In fact a close young friend said to me the other day: 'What is it about people that they think they can say absolutely anything about politicians on the internet?' Every now and then I find a phone number for some of those people that say nasty things to me on the internet, and I say: 'Hey, Rowan here. You're not happy. What's going on?' And I am amazed, because they are not anywhere near as offensive when you meet them in person. When you talk to them on the phone, or if you visit them in person, they revert to the social norms. They live within the kinds of constraints we all live in. We might think things from time to time about people, but we do not abuse them and attack them to their face. So what is it that says, if you are on the internet it does not matter what you say? What is it that makes people think maybe they are not even identifiable when they are on the internet?

            I was, as this House well knows, a farmer before I entered politics, and two-way radios are a very important part of modern farming. While it is not the same kind of technology as the internet, I often used to smile when I heard some of my neighbours, or people sharing my channel, say things like: 'We're going away for three weeks after lunch. Keep an eye on the place will you?' And I am thinking, why would you be advertising that in the ether? It is much like that with the internet; I think people just feel disconnected from the message, as though they are invisible. Unfortunately, that kind of behaviour is not reserved to just adults. In fact, the children of today are very adept with all things technological and certainly the internet, and make great use of it. Unfortunately, because they are just human like the rest of us, they seem to form the same impervious view when they sit behind the computer keyboard.

            When bullies start on someone, when they start on your point of difference it really hurts. Children, we know, are far more sensitive to this than the rest of us. As we grow older, we do develop a little bit of defence; our skin gets a little bit thicker but not always—adults can be affected by the same attacks. I can remember as a kid, as a seven or eight-year-old, that all I wanted was to be just like everyone else. I did not want to stand out in a crowd and I do not think kids of today are any different.

            We have always had schoolyard bullies. We have always had bullies at lots of points in our lives. I have got to say, schools have worked incredibly hard to try and round up bullying in the schoolyard, but they have always been there. But at least in the old days—if that is what we should call the pre-internet days—the child, the person could get relief because when they left school they could enter another part of their life. Maybe it was a scout group or somewhere they could go to where they were accepted or maybe it was just home. But the internet of course is 24 hours. It is at you the whole time. The really sharp point of it is not just when someone sends you a message but when they send hundreds of people the same message and then they all push the 'like' button. It just grows out of control. You can see why kids are driven to anxiety, depression and, as we well know, some to suicide. That is the saddest story of all. Often it occurs when those responsible adults around them do not even know what is going on.

            This bill is about trying to address some of those issues. Like others that have spoken before me, may I heap some more praise on my good friend the member for Forrest, who has been a tireless campaigner in this area. The cyberbullying and education classes that she runs within her electorate, I think, are probably world standard. She has developed them to a fine art. I have looked at them and thought, 'How do I get these up and running myself?' and have not really got past that point—more shame on me for that. Perhaps this bill will make us go away and all try and repeat the kind of performance that the member for Forrest delivers for her electorate. It has been said before that it is difficult a backbencher to influence large policy outcomes in this parliament. But I do not think there is any doubt in this particular case that the member for Forrest has had a very large influence on this policy. If we have to chisel that on her grave stone, I do not think that would be such a bad thing—she would be remembered for the right things.

            With the appointment of the Children's e-Safety Commissioner, $7½ million will be given to the commission to spend in a suitable way to set up education programs, to handle complaints and to provide advice to the government. The government on this issue is saying that it is serious. It is not just another issue where it is going to kick the can down the road. It is serious, it is now, it is happening and we need a response. I would not be so foolhardy as to say this bill is going to fix the job up and we will not have to worry about cyberbullying or inappropriate internet approaches to young people again. Of course it will not work that well.

            It is worth saying in this place that the primary gatekeepers here are parents. They should not think that because the parliament is making a new set of laws surrounding cyberbullying that their children are safe and they do not have to do anything. If your kids are behind closed doors and on a computer, you should have some idea what they are up to. It is just too dangerous out there. I encourage parents to take every step to make sure they are close to their children so they can share those secrets, to keep a very close eye on them so they can so they can read their emotions and to try and have some understanding of what they are doing on the internet in those hours when they cannot see them.

            I encourage parents to take the next step of putting filters on their home computers and filtering the kids' access points to computers. I think most parents would agree with that premise but might say, 'I should do that but little Sally is okay. I know she knows how to look after herself.' Or 'This does not happen with Tristan,' or whatever. Do not think that the government can do it for you. Do not think that that the Children's e-Safety Commissioner can do it for you. Parents have to take a very real role in this. As they always are, parents are the primary protectors of children.

            I gave a little speech earlier up in the Federation Chamber and it was loosely about how unfortunate we can be if we choose the wrong parents. Consequently, some children are brought up in pretty dysfunctional households where the chances of coming into contact with cyberbullying are probably the least of their concerns. In those households, it is much harder and I hope that this legislation will provide some protection for them. But for all the others—the good parents—get on board, make sure you know what your kids are doing and show a direct interest.

            The Children's e-Safety Commissioner, most importantly, will have the ability to bring the major providers under its wing. The process is broken up into two tiers. Tier 1 is virtually voluntary. We are asking the providers to do the right thing and it is basically a code of conduct. But if the provider does not do the right thing repeatedly, they will be moved onto tier 2 restrictions, which means there will be a forced compliance.

            The bill follows over 12 months of consultation. A discussion paper was put forward in January last year. I think this is an example of careful, considered and sensible government where we have consulted with all the players and then arrived at a point of legislation that all agree, including the opposition—and thank you very much for your support—that this is a step in the right direction.

            It is one of those things that we do agree on, and perhaps this is when parliament is at its finest. As I point out to many people who get a bit frustrated with the parliamentary process, if we all agreed on everything then there would not be much point in doing anything, would there? We do not always agree on the important issues and so it should be, because there are often two points of view. On this one, we are in very close harmony because we all realise the harm that can be done to young people. Harm done at a young age can be a legacy for the rest of your life. I commend these bills to the House and look forward to the commissioner are being appointed.

            5:53 pm

            Photo of Louise MarkusLouise Markus (Macquarie, Liberal Party) Share this | | Hansard source

            I am pleased to rise this evening to talk on these very important bills, which focus on enhancing online safety for our most important asset the generations to come; that is, indeed, our children. Today, in the 21st century, all of us communicate in large part with iPhones, iPads and computers. The distinction between the concrete world and cyberspace or the cyberworld, if I may use the terminology, is increasingly blurred.

            It has already been highlighted by many speakers as this debate has been conducted today that what people are prepared to communicate across the internet is not necessarily what they may be prepared to communicate if they see or meet you face-to-face. Nine in every 10 children between the aged 10 and 11 years say that their parents are their first point of call when they have an online safety issue. But as young people increase in age into the early and middle teens, that is less likely to be the case. As a parent of a 21-year-old and a 19-year-old, I have observed over the last decade as they immerse themselves online. The main access for their communication with their friends and their social network is across the internet. We all know Facebook and so on is how they communicate and how they build their networks and their relationships and keep in touch.

            I have also observed firsthand the impact on my daughters' and my sons' friends as they have experienced cyberbullying directly: having to move from school to school, being isolated from their friends and having the experience of not being able to escape from the bullying. As has been discussed already, it is a 24-hour experience. They are at school and they experience bullying. The bullying continues on Facebook, through the internet and through emails. It is spread through their own network and their own friends, which may be several hundred, and is also connected with everybody else, their friends and their friends' networks. Thousands of people get to see and be a part of this bullying experience. For the individual and their family, it has a profound effect psychologically: depression, thoughts of suicide and, unfortunately, for some it has to contributed towards them ultimately taking their own life.

            While we cannot 100 per cent prevent this, what we came do and what these bills endeavour to do is to put in place some measures that will help contribute towards the safety of our children. What these bills do is establish the Office of the Children's e-Safety Commissioner and sets out the commissioner's functions and powers. It creates a complaint system for harmful cyberbullying material targeted at an Australian child. It provides the commissioner with two sets of powers, the first being to issue a notice to a large social media service requiring it to remove the material and the second being to issue a notice to the person who posted the material, requiring the person to remove the material and refrain from posting material or apologise for posting the material. Organisations and social media services, providers and businesses will have to—if they do not already—set up a complaints system. That is, a point of contact not just for the individual that is being bullied but also for the Children's e-Safety Commissioner to be able to contact them. A key function of the commissioner is to administer this complaint system for cyberbullying material targeted at our children.

            In 2014, the University of New South Wales' Social Policy Research Centre concluded that the best estimate of cyberbullying over a 12 month period is 20 per cent of Australians aged 8 to 17. I concur with many who have spoken today in that I believe that this is probably an underestimation of the impact. The University of New South Wales research also found that 87 per cent of secondary schools reported at least one instance of cyberbullying in 2013, as did just under 60 per cent of primary schools. These figures are deeply concerning to anyone who has a commitment to our children and to their future.

            The legislation will state the parliament's expectation is that all social media services should comply with certain basic online safety requirements: firstly, to have terms of use that prohibit the posting of cyberbullying material; secondly, as has already been mentioned, to have a complaints scheme under which end users of the service can seek to have material that breaches service's terms of use removed; and, thirdly, to have a contact person to whom the commissioner can refer complaints that users consider have not been adequately dealt with. Many in our community believe this is necessary legislation. Director of the National Children's and Youth Law Centre, Matthew Keeley, states: 'The Enhancing Online Safety For Children Bill is good law and good policy. Kids—both victims of cyberbullies and the cyberbullies themselves—will be the major beneficiaries. Parents and teachers benefit too. The cyberbullying provisions, I think, will come to be seen as a world-leading strategy. The accreditation and grants provisions will do more to ensure consistent best practice in education and preventative approaches.' We in this place can do nothing better than provide legislation that will contribute towards the current and future protection of our children. This is an opportunity for us to take a step in a direction that will focus on a challenge that we face in the 21st century, as the internet—communication in cyberspace—is where most of our communication takes place. I commend the bill to the House.

            6:01 pm

            Photo of Steve IronsSteve 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.

            6:12 pm

            Photo of Craig KellyCraig Kelly (Hughes, Liberal Party) Share this | | Hansard source

            It is often said that the internet has changed everything. If we look at today's mobile phones and social media, I think the number of improvements they have made to our lives is almost immeasurable. I think of my mobile phone sitting here at my desk—about what I could use that to do today that I could not do when I was going to school. It is not only a telephone; it is a device to send and receive emails and to send and receive text messages. It is as good-quality a camera as one I think I could ever have bought when I was younger. It is also a voice recorder. It records and plays movies. I can use it to research the news around the world. I can look up information, look up a textbook. It also gives me the power to take and send photographs. I think back to several generations ago, and my parents or grandparents did not actually know what their forefathers looked like. They never had an image of them unless they were someone who was famous—royalty or a famous explorer—and had a portrait painted. Today's generation will always have hundreds if not thousands or tens of thousands of photos of themselves that they can pass down through the generations. These are some of the many wonderful things that the internet, our modern communications and our social media have bought: the ability to contact friends and family around the world at a low cost.

            But there is a dark side of this new technology, and the dark side is through cyberbullying. I am sure that many of us here, as members of parliament—especially when we have stood on a particular issue that is politically divisive—have received messages, including text messages or email correspondence, that have been most hostile and aggressive, something that we would never have imagined several years ago. It appears that, when you are online, the fact that you can be slightly anonymous allows you to pick up the aggression and hostility in your communications and express that through. Often I have found that, with people who have sent me, I would say, very nasty and abusive text messages, when I actually get to meet them face to face I think, 'How did such a person write something that was so hostile?' It is obviously that ability to be anonymous online that has somehow encouraged and created this current environment, where people make much more aggressive and hostile abuse of other people. That is why such legislation as we are bringing here today, the Enhancing Online Safety for Children Bill 2014 and the Enhancing Online Safety for Children (Consequential Amendments) Bill 2014, is important.

            While legislation like this is important to get the legislative steps in place to deal with this new phenomenon, we need to also encourage our children to be resilient and explain to them that they will almost undoubtedly through their lives be on the receiving end of some type of hostile message through Facebook or Twitter. The message we should be telling kids is a version of a line that my parents told me. We should be telling them that, although sticks and stones may break your bones, Facebook or tweets will never hurt you. That is the resilient message we need to get through to our kids, as well as this legislation. It is important because in today's society, with today's communications, it is a completely different world with the world of cyberbullying.

            What the Enhancing Online Safety for Children Bill 2014 does is to establish the Children's e-Safety Commissioner as an independent statutory office within the Australian Communications and Media Authority. The commission will take a national leadership role on online safety for children. A key function of the commissioner is to administer a complaints system for cyberbullying material targeting an Australian child. The commission will have two sets of powers it can use in responding to a complaint, under a two-tiered scheme. There will be the power to issue a notice to a large social media service requiring it to remove the material. If the social media service has volunteered to participate in tier 1, the notice will not be legally binding. However, a repeated failure by the large social media provider to respond to such a notice exposes it to the risk of being moved to a tier 2 complaint. If a large social media service is in tier 2, it is legally required to respond to the notice. Secondly, the commissioner has the power to issue a notice to the person who posted the material requiring the person to remove the material, refrain from posting material or apologise for posting the material.

            Other functions of the commissioner will include promoting online safety for children; coordinating relevant activities of the Commonwealth departments, authorities and agencies; supporting, conducting, accrediting and evaluating educational and community awareness programs; making grants; and advising the minister. The commissioner will also have the function of administering the Online Content Scheme set out in schedules 5 to 7 of the Broadcasting Services Act, which was previously administered by ACMA and is being transferred to the commissioner without amendment.

            While we commend the bill to the House, I would also like to raise the issue of child safety in another particular area, and that is the issue of child marriage. It is estimated that there are about 250 young Australian girls that are engaged in a forced marriage under the age of 16. We saw one example of that in previous weeks reported in our courts. A 27-year-old man used his telecommunication device, his telephone, to bombard a 12-year-old girl with hundreds of text messages. He ultimately married that young 12-year-old girl. The young 12-year-old girl became pregnant and miscarried. This is a most horrific and shocking case that is happening in the cities of Australia today. So we in this parliament, when we are talking about online safety and protecting our children, need to make very clear and concise and completely unambiguous comments that such conduct against children is completely unacceptable in Australia today.

            With that, I will leave my comments there. I commend the bill to the House. All members of parliament from both sides must work to ensure our children can grow up in a safe, protective environment.

            6:20 pm

            Photo of Tony SmithTony Smith (Casey, Liberal Party) Share this | | Hansard source

            I rise to contribute relatively briefly to this important debate. It is a debate I have listened to throughout the day and in earlier days when it began. This is an issue that all of us as members of parliament have grappled with at a constituent level. We all know the internet offers wonderful opportunities and freedom, but of course it also enables those who wish to bully to do so in a way not possible before the technology that we now have arose. In the past, of course, bullying, bad and destructive as it was, was not as all-consuming as it is in our new modern communications environment. Specifically when it comes to online bullying, the subject of the Enhancing Online Safety for Children Bill 2014, it has become unrelenting for so many young Australians.

            The Parliamentary Secretary to the Minister for Communications, who introduced this bill, has worked long and hard over many years to come up with this package of measures.

            It is a package of measures that will make a difference, and the Parliamentary Secretary to the Minister for Communications, who joins us now as we sum up this debate, would be the first to stress this will not and cannot solve the problem but can make a difference and make a difference in a very targeted way. Before his appointment as the parliamentary secretary he spent a lot of time in the last parliament travelling the breadth and depth of the country as he developed these very initiatives. Previous speakers have gone over them in detail: the establishment of a children's e-safety commissioner, a two-tier scheme for rapid removal of cyberbullying material from large social media services and an end-user notice regime under which the commissioner will have the power to issue notices to any person who has posted cyberbullying material targeted at an Australian child.

            Indeed, the parliamentary secretary came to the Yarra Valley, to the electorate of Casey. He spoke at a couple of forums at secondary schools, as did the Minister for Communications around that time. He is very familiar with the horrific and harrowing stories that have affected so many families, where cyberbullying has in many cases robbed young Australians of their mental health and in the most tragic cases of all robbed families of the lives of their children. In my electorate I have heard those horrific stories from a few families—some public, others not as public. Whilst all of us would like to be able to push a button and prevent any of this ever happening again, we know these measures will make a difference. That is what they will do.

            The creation of the commissioner with the powers of take-down, with the resources for materials in schools and with the power to issues notices to end users will not just make a practical difference in those cases; I believe what is at the core of this is to turn the tide culturally in something that really has been very difficult to grapple with. The parliamentary secretary has made the point repeatedly that in so many areas the growth of the internet and the advent of social media sites has run thousands of times faster than our regulatory regimes, and in some cases they are very difficult to respond to. That is certainly the case here. But I think the measures that have been put forward will make a difference. I think that, if they can have a multiplier effect and make a difference culturally and in an education sense, we will have really started a wider educative process on these important measures.

            I know the parliamentary secretary himself is familiar with some of the worse stories that have occurred and he has taken a personal private interest in some of those, including one family in my electorate. Just the other week I was speaking to another family that had suffered a tragedy that involved cyberbullying that ultimately led to the suicide of their son as well. So I think this is a good step forward—the best first step forward possible—and it is the product of a lot of consultation from when the parliamentary secretary was in opposition and in government. I know it has involved consultation not just with important stakeholders such as the National Children's and Youth Law Centre, the Australian Medical Association, the Alannah and Madeline Foundation and many others and also with the opposition in this parliament.

            6:28 pm

            Photo of Paul FletcherPaul Fletcher (Bradfield, Liberal Party, Parliamentary Secretary to the Minister for Communications) Share this | | Hansard source

            I am very pleased to speak and to express my thanks to the members who have contributed to the debate on the Enhancing Online Safety for Children Bill 2014 and the Enhancing Online Safety for Children (Consequential Amendments) Bill 2014. I am particularly pleased that these bills have received support from the opposition and from members from the opposition who have spoken as well as the members on this side of the House.

            The importance of keeping Australian children safe on the internet is above politics. It can sometimes be the case that members in this House are subject to criticism in the community—often justified criticism—about playing politics on a range of issues, but I think the debate that we have had on this very important topic is an example of this House working at its best to reflect and to respond to community concern and to do that in a constructive and bipartisan spirit reflecting the importance that every member of this House attaches to the objective of keeping Australian children as safe as possible when they are using the internet.

            I want to thank the shadow assistant minister for communications, the member for Greenway, who has taken the lead on this issue on behalf of the opposition. I want to put on record my appreciation of the constructive way in which she has engaged in relation to the detail of this bill, as indeed has the shadow minister for communications, the member for Blaxland.

            In the debate on this bill, we have heard some outstanding contributions from members on both sides of the House. We have heard a number of members share stories about their own personal experience in relation to this very important topic. Some have spoken in their capacity as parents. Some have spoken in their capacity as former teachers. Some have spoken in their capacity as members of parliament, having dealt with these issues facing children and parents in their electorates. Many of them have spoken about the discussions that they have had with principals, with teachers and with parents and children in their electorates. I think the breadth of commentary that we have heard is an indicator of the extent of this issue in the Australian community today. I want to thank every member who has made a contribution in a debate which I think has been of a very high standard.

            At this time, I also want to express my thanks to a number of people around Australia: parents, siblings or family members of teenagers who tragically have committed suicide or otherwise been lost as a result of dangers that they have been exposed to online. I am not going to mention names, because in some cases I have been told some intensely personal stories. But I do want to acknowledge the courage of a number of people who have taken the time to speak to me about the loss that their family has suffered and to share with me some very difficult stories of the bullying that their lost family member was exposed to.

            It is a statement of the obvious that today's children are better informed, better able to express their creativity and better with technology than any previous generation. The internet is a central part of the lives of today's children, and it will be a central part of their lives as adults as well. Children are drawn to the internet for the same reason as adults: it is a means to be informed, to be educated, to be entertained, to express your own ideas and creativity and, most fundamentally, to satisfy the deep-seated human need to interact with other human beings. But, just as with human interactions in any other context, while the majority of interactions online are positive, a minority go wrong. When that happens, the internet, and social media in particular, can make bullying behaviour more dangerous to children who are the victims of it.

            On 3 December, the government introduced these bills into the parliament to implement the coalition's election commitment to enhance online safety for children. The bills were developed following substantial public and stakeholder consultation, including consideration of over 80 submissions received in response to the public discussion paper released in January 2014. Research commissioned by the government, led by the University of New South Wales and involving a consortium of universities was undertaken, and the results of that research confirmed the messages that politicians had been receiving from the community regarding the prevalence and impact on Australian children of cyberbullying.

            Following that public consultation process, the government has continued to engage with key stakeholders including members of the government's Online Safety Consultative Working Group. I want to thank all of those members—industry representatives, community representatives, representatives of many excellent non-government organisations doing wonderful work in this space—for their contribution.

            The bills that are before the House this evening were referred to the Senate Environment and Communications Legislation Committee for inquiry and report, and that report is due by 3 March. There were 29 submissions received by that committee. I would also like to express my thanks to all the organisations that contributed to that inquiry. I do note that a number of submissions made the point that, in their view, the eligibility criteria for the appointment of the commissioner should include experience in or knowledge of child welfare or wellbeing. I want to state that I understand the emphasis that stakeholders have attached to this particular criterion. I also want to note that there is an inherent danger in setting out in the legislation an exhaustive list of criteria together with a requirement that every one of those criteria must be met, because it would necessarily become extremely difficult to find somebody who meets every criterion on a long list.

            There are clearly a range of factors that would be positive for a person in the commissioner's role. In the draft bill are the criteria which, in the government's view, are the critical success factors, particularly that the commissioner needs to be a person with a deep understanding of the internet and how it is used. That being said, I want to acknowledge that to have experience in relation to child welfare matters would certainly be a plus for any candidate for the role of the Children's e-Safety Commissioner, although in my view it should not be a mandatory criterion.

            The public policy process undertaken to date demonstrates in part that the government does not believe that keeping children safe online is exclusively or even largely a job for government. There is a collective responsibility to keep our children safe online. In that regard, I would like to acknowledge the constructive engagement I have had with the local management teams of a number of the large social media services, including Google, Facebook, Twitter, Microsoft and Yahoo!7. I also want to note the recent statements made by the global CEO of Twitter, Dick Costolo, who said in a company memo, in quite blunt language:

            We suck at dealing with abuse and trolls on the platform and we've sucked at it for years …

            That is colourful language, but it is a very significant statement from Twitter, acknowledging that that company believes that it needs to do more to combat abuse, trolling and cyberbullying on its platform. I see this as a welcome example of growing recognition by social media platforms of the nature of the social responsibility that attaches to the power that these platforms have. I hope we will see more of that, not least because, if the social media platforms take the lead in offering their users a safe environment in which to interact, that will minimise any need for government intervention. I do want to acknowledge that the social media services have put additional resources into these issues over recent years. A number of the members in the debate did refer to this significant statement from Twitter.

            A number of members also referred to some very significant child online safety initiatives launched recently—for example, the eSmart Digital Licence, which is a partnership between the Alannah and Madeline Foundation and Google. The licence is designed to educate and empower children. Another recent initiative is the Thread app from the Carly Ryan Foundation, helping children and young adults to check in with their loved ones, to stay connected and keep safe. I have been very pleased in recent weeks to attend the launch of both these important online safety initiatives. Of course, as part of this government's commitment to online safety for children, we are providing funding of $7.5 million for schools to access online safety programs of the kind delivered by organisations like the Alannah and Madeline Foundation and the Carly Ryan Foundation.

            Let me touch on the specific measures in the bills. The legislation will establish the Children's e-Safety Commissioner as an independent statutory office within the Australian Communications and Media Authority, to take a national leadership role in online safety for children. The commissioner will administer a complaints system for cyberbullying material targeted at an Australian child, along with promoting online safety for children and coordinating relevant activities of Commonwealth departments, authorities and agencies in relation to online safety for children. The commissioner will also accredit and evaluate online safety educational programs, along with taking responsibility for administering the existing online content scheme.

            The legislation sets out a two-tiered scheme for the rapid removal from large social media services of cyberbullying material targeted at an Australian child. Social media services participating under tier 1 will do so on a cooperative basis—that is, the service will apply to participate and, on acceptance of its application, it will be included as a tier 1 site. The commissioner will have the power to revoke tier 1 status if the service repeatedly fails to remove cyberbullying material following requests from the commissioner over a 12-month period. A service may also be declared tier 2 at its own request. Those services which are declared to be tier 2 sites will be subject to legally binding notices or face the risk of civil penalties for noncompliance.

            The two-tiered scheme allows for a light-touch regulatory approach in circumstances where the social media service has an effective complaints scheme that is working well, but it enables the government to require that cyberbullying material targeted at an Australian child be removed in circumstances where a social media service does not have an effective and well-resourced complaints scheme.

            The legislation gives the commissioner the power to issue an end user notice to a person who posts cyberbullying material targeted at an Australian child. An end user notice may require the recipient of the notice to take all reasonable steps to remove the material, refrain from posting further material targeted at the child or apologise for posting the material. If the recipient of the notice fails to respond, the commissioner may seek an injunction or refer the matter to the police.

            The measures in these bills implement key aspects of the government's election commitment to enhance online safety for Australian children. The measures will bring a better and more rapid response to bullying behaviours targeted at Australian children and in turn will help to keep Australian children safer online. I thank everybody who has contributed to this policy process, and I look forward to continued engagement with all relevant stakeholders as we move to taking this legislation to the other place and in due course, provided it passes there, to the implementation of the measures contained in this legislation.

            Question agreed to.

            Bill read a second time.

            Message from the Governor-General recommending appropriation announced.