Read The Times Australia

Daily Bulletin

The government's planned 'anti-troll' laws won't help most victims of online trolling

  • Written by: Jennifer Beckett, Lecturer in Media and Communications, The University of Melbourne
The government's planned 'anti-troll' laws won't help most victims of online trolling

Yesterday, Prime Minister Scott Morrison and Attorney-General Michaelia Cash announced proposed new legislation aimed at making online “trolls” accountable for their actions.

Over the past few weeks, we’ve heard Morrison decry trolls as “cowardly” and “un-Australian”, language that made it into the talking points at yesterday’s media conference. But is his new-found concern about trolling all it’s cracked up to be?

The proposed new legislation would give courts the power to force social media companies to pass on to people the details of their trolls, so they can pursue defamation action against them.

This decision is largely a reaction to the High Court’s upholding of the ruling in the Dylan Voller case, which now holds media companies responsible for defamatory comments posted on their social media pages. But there are some things that we need to be wary of in this legislation.

Defamation isn’t the same as trolling

Speaking to the media yesterday, Morrison argued this legislation is a necessary means to curb online trolling. But the policy proposal largely deals with issues of defamation, which isn’t necessarily the same thing.

As I have previously pointed out, trolling is a grossly overused term that encompasses a range of activities. Defamation, meanwhile, is far more specific and legally defined. To prove defamation, one has to prove the content posted has damaged the victim’s reputation.

Read more: High Court rules media are liable for Facebook comments on their stories. Here's what that means for your favourite Facebook pages

Framing this announcement in the context of the very real harms of targeted online bullying and harassment is, I believe, disingenuous. I say this because those who suffer this kind of harassment aren’t likely to be bringing defamation suits. In short, this legislation won’t necessarily help them.

What’s more, a version of the newly announced powers already exists anyway. The recent Online Safety Act 2021 allows the e-Safety Commissioner to order social media companies to remove bullying or harassing content within 24 hours, or face a A$555,000 fine. Crucially, it also gives the commissioner powers to demand information about the owners of anonymous accounts who engage in online abuse.

Scott Morrison and Michaelia Cash speaking to the media
Did Scott Morrison and Michaelia Cash announce a solution for a problem that’s already solved? Mick Tsikas/AAP Image

Where social media companies fail to provide information about the offending poster, the newly announced laws would see them held accountable for the defamatory content. But that assumes they know this information in the first place.

Social media companies already collect users’ details on sign-up, including their name, email address, country of residence and, increasingly, telephone number. But for many social media platforms, there is nothing to stop users setting up an account with a fake name, using a throwaway email address or a “burner” phone, and then ditching all of that but maintaining the account once the information has been initially verified.

Even if the information provided is correct, it doesn’t mean the person will necessarily answer their phone or respond to an email. As one journalist asked yesterday, should social media companies be held accountable in that instance? The standard “reasonable person” assessment in law would likely find not, meaning any defamation action brought against the company itself would likely fail.

Social media ID laws by stealth

My main concern with this proposed legislation is that it will prompt social media companies to collect enough information on their users so they become readily identifiable upon request. This seems a very similar concept to the government’s suggestion earlier this year that Australians who set up social media accounts should have to provide 100 points of identification.

That proposal was met with a barrage of criticism, both for reasons of simple privacy, and because some experts, including myself, believe removing anonymity won’t fix online toxicity anyway.

Read more: Ending online anonymity won't make social media less toxic

The other real issue, ironically enough, is one of user safety. Yes, online anonymity gives trolls a mask to hide behind, but it also allows people to access support for addiction or mental health issues, for example, or for a young LGBTQI+ person in fear of real-world violence or disapproval to find a community online. Online anonymity can be a crucial shield for victims of domestic violence who want to avoid being found by their abusers.

Forcing social media companies to provide users’ details to a court also opens up the possibility of “abuse of process”. This is where the legal process itself is used as a form of intimidation and bullying or, worse, for an abuser to gain access to their victim. The government has assured us the policy will contain safeguards against this, but has provided no detail so far on how this will be achieved.

Finally, it’s worth noting that several of the highest-profile current plaintiffs in Australian defamation cases involving social media defamation are to be found among the government itself. So while it might sound cynical, we’re entitled to wonder whom this policy is really designed to help.

Authors: Jennifer Beckett, Lecturer in Media and Communications, The University of Melbourne

Read more https://theconversation.com/the-governments-planned-anti-troll-laws-wont-help-most-victims-of-online-trolling-172743

Business News

How Businesses Can Prepare for Unexpected Power Outages

Power failures can occur quickly. The supply may be interrupted by bad weather, issues with the electricity network, damaged equipment or local construction work. This can be just a hassle for a fam...

Daily Bulletin - avatar Daily Bulletin

How Chatswood Tutoring Can Fit Into a Student’s Weekly Routine

Create a Predictable Weekly Structure A consistent weekly routine can make study easier to manage when students are balancing several subjects. Chatswood tutoring can provide a fixed learning point a...

Daily Bulletin - avatar Daily Bulletin

The Rise of Digital Marketplaces in the Australian Trade Sector

For decades, the Australian trade and construction sector operated almost entirely on word-of-mouth recommendations and local community networks. Small business owners typically relied on local newspa...

Daily Bulletin - avatar Daily Bulletin

How Immigration Lawyers Can Help

Introduction Visa decisions can shape employment, family life, study plans, travel, and future residence. A small omission can lead to delay, added expense, or refusal. Immigration lawyers assess l...

Daily Bulletin - avatar Daily Bulletin

How Industrial Drying Equipment Supports Efficient Processing

Many industrial processes require moisture to be removed from compressed air, products or process materials before they move to the next stage. Excess moisture can affect equipment performance, produc...

Daily Bulletin - avatar Daily Bulletin

Practical Ways a Whiteboard Can Improve Workplace Communication

Effective communication helps teams stay organised, share ideas and keep track of important information. While digital tools are now common in many workplaces, a whiteboard continues to provide a simp...

Daily Bulletin - avatar Daily Bulletin

Designing Eco-Friendly Custom Water Bottles for Your Next Event

The Evolution of Sustainable Event Merchandise Event planning has undergone a massive transformation over the last decade. Gone are the days when organizers could hand out cheap, single use plastic...

Daily Bulletin - avatar Daily Bulletin

Why Choosing a Professional Florist Melbourne Makes Flower Delivery Impactful

Flowers have a great power to speak when humans cannot express their feelings with right words. Flowers are the best gifts when you are celebrating a birthday or welcoming a newborn child into your fa...

Daily Bulletin - avatar Daily Bulletin

The Business Case for Choosing Australian Fabricators Over Imported Alternatives

For a long time, you might have defaulted to overseas suppliers when sourcing fabricated metal components for a project. The unit price was lower on paper, and the maths seemed straightforward. That...

Daily Bulletin - avatar Daily Bulletin

The Daily Magazine

How Strategic Corporate Gifting Boosts Client Retention and Team Morale

As the calendar pushes towards the end of the year, business leaders across Australia begin evalua...

The Importance of Reliable Plumbing Services During Home Renovations

A freshly renovated bathroom can make an ordinary Monday morning feel a little more inviting. The ne...

Backyard Living Options for Campbelltown Homes: What Works Best?

You know that feeling at the end of a long, busy week when all you want is a calm spot outdoors, whe...

Smart Wardrobe Storage Ideas for Small Sydney Apartments and Bedrooms

A well-designed wardrobe is one of the most useful things a home can have. It's meant to keep clothe...

Colorbond Fencing in Australia: Costs, Colours, Rules and What Actually Lasts

Drive through almost any Australian suburb built in the last thirty years and you are looking at the...

Why Your Dental Clinic Is Not Getting Enough New Patient Bookings From Google

Introduction SEO for Dentist is not just about getting a dental clinic to appear somewhere on Goo...

Low Water Pressure in Sunbury: Is the Problem Inside Your Home or Outside It?

Low water pressure is one of those problems that can send a homeowner in the wrong direction. A we...

4 Beige Rugs for Beautiful and Comfortable Wooden Flooring

Wooden flooring already brings warmth and character to a room, but a beige rug can make that found...

How to Fix Poor Subfloor Ventilation in Older Homes

Older homes have character, but many were built before today's ideas about moisture and airflow were...