Senate debates Bills

Online Safety Amendment (Strengthening Enforcement for the Social Media Minimum Age) Bill 2026; Second Reading


David Shoebridge

David Shoebridge NSW, Australian Greens

7:01 pm

They've lodged zero. You've done zero prosecutions with the current penalties, but you say the answer is to double the penalties. Then you can have double the penalties with zero prosecutions—all fixed! Labor's fixed their social media ban!

I said this is like an episode from Utopia, only less funny. If you want penalties that the likes of Meta, X or others will actually listen to—doubling the penalties is still a cost of doing business for them. Doubling the penalties is hardly going to ruffle their feathers. This government has been told repeatedly—it was in the recommendations of the Rickard review—that the only penalties these global vampires listen to are penalties attached to their global turnover, penalties that are economically meaningful to them. A hundred Australian dollars isn't going to fuss Elon Musk, because he knows it's the maximum penalty anyhow. It's not an issue. You attach a penalty to global turnover. That's the kind of penalty that they might even listen to.

The watch-my-hand strategy here of doubling the penalties is stock-in-trade for the Albanese government now. You've got a difficult social problem. You've got a failure to comply. It's not working. What you've been doing isn't working. Corporate Australia isn't listening to you. Internet multinationals aren't listening to you. The policy doesn't work. It's all broken. What do you do? You roll in here and you double the penalties, and we have exactly the same zero prosecutions with a double penalty. We've heard it. I think I've seen this film before. What the hell?

That being said, when you pull apart the bill and you have a look at it—you look at its entrails—there are little bits that are useful. Empowering eSafety to get additional information and actually create a good precedent to get some additional information from some of these platforms is useful. That's good. We can see some sense in that. Although many of the powers that are being granted now in this bill are needed only because of the rush job that happened when this legislation was first rammed through, I can see sense in those. The Greens can see some sense in those, and I acknowledge the comments and the work of my colleague Senator Hanson in addressing that—

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