Study on Cyberbullying and Online Abuse Reforms in Australia

In recent years, Australia has introduced various laws aimed at addressing the growing issues of cyberbullying and online abuse. These reforms seek to achieve justice for both individuals, including children and adults, and broader society. The efficiency of these laws in making the internet a safer place has been categorized as moderate due to certain challenges surrounding enforcement and the balance of rights such as free speech.

Key Legislative Reforms

Among the notable legislative changes is the Criminal Code Amendment (Sharing of Abhorrent Violent Material) Act 2019, introduced in response to the shocking Christchurch mosque attacks. This incident highlighted the need for immediate action as the attack was live-streamed and circulated widely online. Consequently, the Australian government passed this law to enforce the rapid removal of violent or extremist content by digital platforms, including Facebook and YouTube. This law aims to prevent the dissemination of harmful material, thereby safeguarding society.

Despite its intentions, the law's effectiveness is debated. While it urges platforms to take immediate action against violence, concerns have arisen regarding the potential infringement on free speech. Critics argue that vague definitions of what constitutes 'violent or harmful content' could lead to excessive censorship and curtail individuals' rights to express themselves freely online. Hence, the challenge lies in maintaining a balance between ensuring public safety and upholding civil liberties.

Online Safety Act 2021

Another significant reform is the Online Safety Act 2021, which replaced the previous Enhancing Online Safety for Children Act 2015. This law was designed to adapt to modern social media dynamics and the challenges posed by harmful content. One of its critical features is the provision allowing the eSafety Commissioner to mandate the removal of harmful posts within 24 hours. This expedited action is vital for victims aiming to curb the spread of cyberbullying and abuse. Furthermore, the Act extends protections to both children and adults, providing equity across age demographics.

According to the eSafety Commission’s 2023 Annual Report, a significant number of complaints were processed successfully, illustrating the law’s practical effectiveness. Nevertheless, criticisms continue to surface concerning privacy issues and potential censorship. Critics have voiced concerns that the Act's ambiguities may enable the suppression of unpopular opinions rather than genuinely harmful content. Moreover, the enforcement of the law is complicated by the international nature of many social media companies that may not comply with Australian regulations.

Adult Cyber Abuse Scheme

The introduction of the Adult Cyber Abuse Scheme in 2022 was a landmark moment, broadening legal protections to adults for the first time. Previously, legislation primarily focused on safeguarding children, leaving many adults, such as public figures and victims of domestic violence, vulnerable to online harassment. This scheme empowers adults to report severe online abuse to the eSafety Commissioner, who can subsequently instruct platforms to remove harmful content.

An example highlighting this reform's significance is that of Tayla Harris, an AFLW player who faced sexist abuse on social media and successfully received assistance through the scheme. However, the execution of this scheme also raises important questions regarding the definition of

Analysis of Cyberbullying and Online Abuse Legislation in Australia

Analysis of Cyberbullying and Online Abuse Legislation in Australia