Mitch Fifield (Victoria, Liberal Party, Minister for Communications) Share this | Hansard source

Thanks, Senator O'Neill. When it comes to overseas operators or hosts, I guess, of offending material, the eSafety Commissioner works through a number of global law enforcement networks and also social media networks to endeavour to have offending material taken down. As with all online matters, we always have the challenge that the Australian jurisdiction does not extend beyond the borders of Australia, but this will be further strength to the arm of the eSafety Commissioner.

Just to respond to some of Senator O'Neill's earlier points, the impression that has been left by some of the contributions around the chamber is that there has not yet been the criminalisation of the sharing of intimate images. There already has been the criminalisation of that. Under the Commonwealth Criminal Code, as I have referred to before, it is an offence to use a carriage service in a 'menacing, harassing or offensive' way. Also, I have referred to some of the existing state laws that have criminalised this conduct and some of the laws that are in prospect. So, we do have criminal offences.

What we currently don't have is a civil penalties regime. Delay to the passage of this legislation will be delaying something that does not currently exist, and that is a civil penalties regime. A civil penalties regime will benefit victims practically immediately.

Now, it's entirely legitimate for there to be ongoing discussion and debate about criminal provisions at both the Commonwealth and the state levels, and I'm sure that will continue, but that particular debate is not a reason to tie up this civil penalties regime. I would encourage colleagues to support the passage of legislation which is intended to set up a civil penalties regime and not to have it tied to other debates.