Details of the Inquiry
1.1
The impact of the online world in Australians’ lives cannot be overestimated. According to the Australian Bureau of Statistics, in
2016-17, approximately 86 per cent of Australian households had internet access, and 97 per cent of households with children under the age of 15 years of age. Australians engage with friends, family, businesses and government online, in ever-increasing numbers and ways.
1.2
Notwithstanding the positives that online services and products can provide, there are also significant and serious dangers present in digital spaces, at rates never seen before. Online safety has become an international issue, both in the transnational way corporations and online actors engage in the digital world, and for governments globally in addressing these matters.
1.3
The regulation of online spaces has rapidly evolved in a short space of time. A number of frameworks have been established within the past five to ten years to moderate the digital industry. Despite this, concerns remain that more can, and should, be done to keep Australians safe online, particularly the most vulnerable of internet users.
1.4
This inquiry considered social media and online safety for Australians engaging in the digital space. It examined the harms that Australians face, the nature of the online world where they experience them and the actors who participate in it, and the current legislative framework and government policies that seek to regulate online safety. The inquiry also examined potential ways forward to improve online safety, particularly for vulnerable users.
1.5
This chapter provides an overview of the inquiry’s scope and conduct. It also discusses options for potential avenues for future parliamentary scrutiny of digital matters.
Recent inquiries
1.6
As evidence of the complexity and evolution of these issues, multiple parliamentary inquiries and reviews have been conducted in relation to online safety matters within the past decade. Table 1.1 lists relevant parliamentary inquiries which considered online safety issues from 2015 to 2022.
1.7
These inquiries have canvassed a broad range of topics, including specific types of harm (e.g. pornography, extremism, child exploitation), technological tools to prevent or minimise harm (e.g. age verification technology), and potential law reform to better address emerging online threats (e.g. the adequacy of current laws in preventing cyberbullying and image-based abuse).
Table 1.1: Parliamentary inquiries considering online safety from 2015 to 2022
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Current
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Joint Standing Committee on Intelligence and Security
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Inquiry into extremist movements and radicalism in Australia
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Joint Committee on Law Enforcement
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Law enforcement capabilities in relation to child exploitation
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Impact of illicit drugs being traded online
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2020
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House Standing Committee on Social Policy and Legal Affairs
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Inquiry into age verification for online wagering and online pornography
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Senate Select Committee on Foreign Interference through Social Media
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The risk posed to Australia’s democracy by foreign interference through social media
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Joint Committee on Law Enforcement
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The impact of new and emerging information and communications technology on Australian law enforcement agencies
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2018
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Senate Standing Committee on Legal and Constitutional Affairs (References)
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Adequacy of existing offences in the Commonwealth Criminal Code and of state and territory criminal laws to capture cyberbullying
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2017
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Senate Standing Committee on Environment and Communications (References)
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Participation of Australians in online poker
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2016
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Harm being done to Australian children through access to pornography on the Internet
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Senate Standing Committee on Legal and Constitutional Affairs (References)
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Phenomenon colloquially referred to as 'revenge porn', which involves sharing private sexual images and recordings of a person without their consent, with the intention to cause that person harm
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2015
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House Standing Committee on Communication and the Arts
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Inquiry into the use of subsection 313(3) of the Telecommunications Act 1997 by government agencies to disrupt the operation of illegal online services
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Source: Australian Parliament House website.
1.8
In addition, on 10 February 2022 the Senate referred the provisions of the Social Media (Anti-Trolling) Bill 2022 to the Senate Standing Committee on Legal and Constitutional Affairs. The inquiry into the bill’s provisions is required to be tabled in the Senate by 22 March 2022.
Other government-led reviews
1.9
A number of government-led reviews or consultations relating to aspects of online safety have been conducted or are currently also underway. A non-exhaustive selection of these include:
Report of the Statutory Review of the Enhancing Online Safety Act 2015 and the Review of Schedules 5 and 7 to the Broadcasting Services Act 1992 (Online Content Scheme), conducted by an independent reviewer and published in October 2018;
The Digital Platforms Inquiry conducted by the Australian Competition and Consumer Commission, released in June 2019;
Amendments to the Privacy Act 1988; and
Consultations led by the Attorney-General’s Department in relation to the Social Media (Anti-Trolling) Bill.
Scope of the inquiry
1.10
On 1 December 2021, the House of Representatives resolved to establish a Select Committee on Social Media and Online Safety (the Committee) to inquire into matters associated with social media and online safety.
1.11
The terms of reference, which can be found at page xxi of this report, enabled the Committee to take a broad approach in examining matters pertaining to online safety and the role of social media. The Committee heard evidence in relation to a range of topics involving online safety, including risks to vulnerable users such as children, women and minority groups, legislative frameworks and current government responses to address aspects of online safety.
Definition of ‘online safety’ and ‘social media’
1.12
The inquiry’s terms of reference refer to both ‘online safety’ and ‘social media’. This section outlines definitions for these terms, and the approach taken by the Committee when using these definitions to conduct the inquiry.
‘Online safety’
1.13
Chapter 2 outlines the legislative definition of ‘online safety’ as determined by the Online Safety Act 2021 (Cth) (the OSA) in addition to legislative definitions for cyberbullying. The OSA defines ‘online safety for Australians’ as ‘the capacity of Australians to use social media services and electronic services in a safe manner’.
1.14
This definition provides an outline of what constitutes online safety, as opposed to what is not safe in an online environment. ‘Online harm’, in contrast, is an extremely broad category and captures a wide range of online behaviour in multiple forms and platforms.
1.15
Due to the short timeframe in which the Committee was required to conduct its inquiry and report its findings, the Committee was unable to examine many other critical issues relating to online safety. Further, the Committee did not wish to ‘reinvent the wheel’ by examining topics which have been thoroughly canvassed in other inquiries by parliamentary committees in greater depth.
1.16
Topics that were not examined in depth include: the use of social media to harm democracy and social cohesion, disinformation and misinformation in online platforms and social media (particularly in relation to medical information), foreign interference and state actors on social media, the role of the dark web in online safety, and issues in relation to political communication online.
1.17
Further, online safety is not applicable only to social media platforms. Internet users are exposed to an ever-increasing variety of harms online, some of which are not exclusive to social media services. In addition, while this Committee has examined the actions of the ‘big tech’ social media companies, it noted witnesses’ comments in relation to the responsibilities and actions of other forms of technology providers and platforms, as well as smaller social media companies.
‘Social media’
1.18
Social media is defined in the OSA as:
(a) an electronic service that satisfies the following conditions:
i.
the sole or primary purpose of the service is to enable online social interaction between 2 or more end‑users;
ii.
the service allows end‑users to link to, or interact with, some or all of the other end‑users;
iii.
the service allows end‑users to post material on the service;
iv.
such other conditions (if any) as are set out in the legislative rules; or
(b) an electronic service specified in the legislative rules.
1.19
This definition is inclusive of an enormous range of current and emerging services online. An inquiry into social media and online safety cannot exist in a vacuum without consideration of other forms of online platforms, such as search engines, news media sites, e-commerce marketplaces and so on. Further, digital platforms as they currently exist often defy categorisation into a single type, meaning that many platforms not advertised as social media services can incorporate elements and technology similar to that used by the major social media firms.
1.20
While the Committee was mindful of the changing and complex nature of services that exist online, it did not focus specific attention on other arenas of digital life.
Parliamentary oversight of online matters
1.21
Issues in relation to online safety have been of interest to parliamentary committees since the internet’s rise in modern society. Despite this, the topic does not fit neatly within the oversight of one particular committee.
1.22
Matters in relation to internet security and safety are within the purview of both the Standing Committee on Communications and the Arts and the Standing Committee on Industry, Innovation, Science and Resources. Both Committees have conducted inquiries in relation to internet commerce and technology in the past. Further, the Joint Committee on Law Enforcement also regularly conducts inquiries on online-related matters, such as its review of the Criminal Code Amendment (Sharing of Abhorrent Violent Material) Act 2019 as does the House Standing Committee on Social Policy and Legal Affairs, which recently conducted an inquiry into age verification for online wagering and online pornography.
1.23
Parliamentary interest in relation to the internet industry is unlikely to wane as Australians’ lives progressively transfer online. Accordingly, the Committee considers it appropriate that a Standing Committee on internet and e-commerce matters be established to address the uncertain space where these matters lie. A dedicated committee could attract members with specialist knowledge or interest in relation to technological development and innovation. It would also ensure that the Parliament is informed of the latest developments, risks, and solutions relevant to the industry.
1.24
The Committee believes that further examination of other issues should be addressed by this new committee, including:
A follow-up inquiry to examine the responses of interested parties to the recommendations contained in this report;
A review of the rollout of the OSA, including responses from industry and the community;
The operation and role of algorithms in social media and other digital services, including potential methods of regulation and positive uses of algorithms to improve online safety;
The role of social media in relation to democratic health and social cohesion;
Cryptocurrency, its use in illegal activities online, and potential regulatory activities, including the use of non-fungible tokens; and
The role of online gaming platforms in online safety, including cyberbullying and child sexual abuse material.
1.25
The Committee recommends that the Australian Government propose the appointment of a House Standing Committee on Internet, Online Safety and Technological Matters, from the commencement of the next parliamentary term.
1.26
The Committee recommends that, subject to Recommendation 1, the Australian Government propose an inquiry into the role of social media in relation to democratic health and social cohesion, to be referred to the aforementioned committee or a related parliamentary committee.
Conduct of the inquiry
1.27
A media release announcing the inquiry was issued on 13 December 2021, calling for submissions from interested individuals and organisations on the terms of reference. The Committee also directly invited submissions from industry bodies, agencies, institutions, academics, think tanks and individuals.
1.28
On 15 February 2022, the House of Representatives agreed to an extension of time for the Committee to provide its report, amending the final reporting date to 15 March 2022.
1.29
The inquiry received 107 submissions (including supplementary submissions) and 12 exhibits, which are listed at Appendix A and B respectively.
1.30
The Committee held eleven public hearings, hearing from 58 separate witnesses (consisting of individuals and organisations) during the course of the inquiry. A list of those hearings and the witnesses and organisations that appeared at the hearings are listed at Appendix C. All hearings were held via videoconference and/or teleconference from Canberra. The Committee was also able to undertake two virtual site visits, as well as meet with members of a delegation from the European Parliament.
1.31
The Committee notes that some of the submissions received as part of this inquiry, as well as some of the hearing transcripts, contain references to or examples of a range of harms experienced online, and advises members of the public to bear that in mind when reviewing the inquiry’s evidence.
1.32
The Committee thanks all those who participated in the inquiry for giving their time to provide evidence, either through a written submission or at a public hearing. The Committee especially thanks the witnesses who participated in hearings from locations around the world, often at unsociable hours, and is grateful for their valuable testimony.
1.33
Finally, the Committee particularly acknowledges the bravery demonstrated by individuals who provided the Committee with their personal experiences in relation to online harm. These experiences demonstrated to the Committee the seriousness and magnitude of the harm that online abuse and other forms of harm can cause to Australians. The Committee thanks these individuals for their powerful stories which have informed the findings contained in this report.