New court powers are to be introduced to force global social media giants to unmask anonymous online trolls and better protect Australians online.
Announced by Prime Minister, Scott Morrison and Attorney-General, Michaelia Cash, the proposed reforms aim to ensure social media companies are considered publishers and can be held liable for defamatory comments posted on their platforms.
“They can avoid this liability if they provide information that ensures a victim can identify and commence defamation proceedings against the troll,” Mr Morrison said.
“The reforms will be some of the strongest powers in the world when it comes to tackling damaging comments from anonymous online trolls and holding global social media giants to account,” he said.
“The rules that exist in the real world should exist online too.”
Mr Morrison said the reforms would give victims of defamatory online comments two ways to unmask trolls and resolve disputes.
“First, global social media platforms will be required to establish a quick, simple and standardised complaints system that ensures defamatory remarks can be removed and trolls identified with their consent,” he said.
“Second, a new Federal Court order will be established that requires social media giants to disclose identifying details of trolls to victims, without consent, which will then enable a defamation case to be lodged.”
Mr Morrison said the proposed reforms would also ensure everyday Australians and Australian organisations with social media pages were not legally considered publishers and could not be held liable for any defamatory comments posted on their page.
Senator Cash said this was in response to the Voller High Court case, which made it clear that Australians who maintained social media pages could be considered publishers of defamatory comments made by others on social media.
“Since the High Court’s decision in the Voller case, it is clear that ordinary Australians are at risk of being held legally responsible for defamatory material posted by anonymous online trolls,” she said.
“This is not fair and it is not right.”
The Attorney-General said the proposed reforms would clarify that in defamation law, Australians who operated or maintained a social media page were not ‘publishers’ of comments made by others.
She said the package of reforms would complement the defamation reforms being progressed in partnership with States and Territories.
Senator Cash said an exposure draft of the legislation would be released in the coming week to give people an opportunity to have their say on the proposed new laws.
