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ABC News 24: New children's e-safety commissioner to fine social media sites up to $17,000 a day for failing to remove offensive material
Fines to social media companies of up to $17,000 for failing to remove offensive material on their sites have been described as a 'legislative hammer' by the new Federal Government internet watchdog.
The founder of the Australian Federal Police's High Tech Crime Centre, Alastair MacGibbon, has been unveiled as the new children's e-safety commissioner.
Under legislation passed at the beginning of the month, the commissioner's office can demand social media sites take down offensive material, at the risk of fines and court action.
"The legislation specifically talks about serious threats, serious intimidation, serious harassment, serious embarrassment," Mr MacGibbon said.
"So it's intended to ensure the normal banter, even if it can seem a bit robust between children or someone directing comments to children, generally is not going to be captured under the act.
"That's in the eye of the beholder, and what will impact one child will not impact another."
Reports have shown as many as one in three Australian children have experienced some form of cyberbullying.
The commissioner's first priority is to actually set up the new office and get staff in place, which should be completed by the middle of the year.
A complaints referral process will also be established, to deal with reports of abuse from children and their parents.
"It's really important to reach out to industry, those that actually provide the services, the social networking services that this legislation really aims to effect," Mr MacGibbon said.
"And of course child welfare groups, education departments, parents and children themselves to get their views on how this office should function, and making sure we have an effective complaints regime to act as a safety net.
"The complaints regime means that if you believe as a parent or if you're a child that you've been the victim of serious cyberbullying, that you'll first go to the social media service themselves, and ask them to take down the offending material."
Social media sites may be fined up to $17,000 per day
If the company does not comply with that request in 48 hours, the new watchdog steps in.
"The commissioner's office will determine whether that complaint meets the legislative criteria," Mr MacGibbon said.
"If it does, the commissioner will seek for that material to be taken down.
"The commissioner's office can actually contact a person engaging in behaviour that is considered to be harmful towards an Australian child, they can be asked to cease and desist, and to take that material down and to apologise, and if that fails we can go to court to seek that action."
But key to the new regime is the power to fine social media sites that do not play ball.
The companies can be fined $17,000 for every day after a demand has been lodged with that company to take the offensive material down.
"I do know the large social media services were engaged in the consultation process in drafting this legislation," Mr MacGibbon said.
"They do care about their end users, I think many of them will acknowledge that's been a process they're improving."
Mr MacGibbon believes there may be more people out there being bullied who do not report, and the new system will at least give them better avenues to pursue their bullies.
"This is always the vexed question when you've created a front door, and make it a very well-lit front door and ask people to come to you," Mr MacGibbon said.
"I suspect what we'll see is that people are already making complaints, to their school, to other people around them, to police and that in time we'll increasingly have those people come to us in the first instance."
