Tammy Tyrrell (Tasmania, Independent) Share this | Link to this | Hansard source

My question is for the Minister representing the Minister for Communications, Senator McCarthy. The report on the Online Safety Act review was released on 4 February 2025. The government is yet to release a government response. A key theme of the review's report was the inability of current legislation to apply extraterritorial enforcement, meaning that online safety laws struggle to make sure overseas based platforms are following our laws. The review's report recommended multiple fixes for the issue, including requiring platforms to have a local presence in Australia and requiring a licence to operate. What work is being done to fix extraterritorial enforcement and ensure overseas platforms will actually follow our laws?

Malarndirri McCarthy (NT, Australian Labor Party, Minister for Indigenous Australians) Share this | Link to this | Hansard source

Thank you, Senator Tyrrell, for your question. I'm certainly conscious that we were delayed in responding to the Regional Telecommunications Review, which you mentioned at the beginning of your question, given the federal election, but we did respond just recently to the parliament. You know that, as part of the Albanese government's commitment to ensuring that Australians are protected by world-leading online safety laws, the government will be legislating a digital duty of care, and the digital duty of care will place the onus on digital platforms to proactively keep Australians safe and better prevent online harms.

Senator Tyrrell, you know that this is a space that the minister is working very diligently in, given the timeline that we have ahead of us in terms of the ban for those under 16. We are committed to ensuring the act provides strong protections and that platforms take responsibility for reducing the harms experienced by Australians online.

Sue Lines (President) Share this | Link to this | Hansard source

Senator Tyrrell, first supplementary?

Tammy Tyrrell (Tasmania, Independent) Share this | Link to this | Hansard source

The government knows platforms can avoid paying fines or following court ordered directions that enforce the Online Safety Act. Take-down notices from eSafety have been rendered practically useless by Federal Court rulings, leaving overseas platforms like X laughing. If nothing has been done yet that will be ready in time for your social media kids ban in one month's time, how do you think the ban can actually be enforced by the courts?

Malarndirri McCarthy (NT, Australian Labor Party, Minister for Indigenous Australians) Share this | Link to this | Hansard source

We know that this is a world-leading step that we are taking. We know that because of the support that the minister received on her trip to the United Nations recently. We also know that it was largely because of the words of one of the parents, Ms Emma Mason, who spoke so passionately not only to the UN but to the world in regard to what had happened to her. We recognise that there will be difficulties along the way, but the minister is working diligently to ensure that this piece of legislation and those telcos are ready for 10 December.

Sue Lines (President) Share this | Link to this | Hansard source

Senator Tyrrell, second supplementary?

Tammy Tyrrell (Tasmania, Independent) Share this | Link to this | Hansard source

Minister, as you indicated when the report was released back in February, the government has recommitted to a digital duty of care but has since been silent on this and the broader report. Almost one year on, with no government response, can the minister please provide an update on the duty of care and explain what other recommended reforms are being pursued, separate to the duty of care?

Malarndirri McCarthy (NT, Australian Labor Party, Minister for Indigenous Australians) Share this | Link to this | Hansard source

I'll certainly provide you the advice I've been given, but I'm also happy to seek further advice. I've been made aware that Australia's online safety work is world leading. To ensure the Online Safety Act is fit for purpose, the Albanese government brought forward that independent review. The government is carefully examining all of those recommendations and everything that you've mentioned today.