Damon Mcknight
Trolling, or internet trolling, is a form of online harassment that involves posting offensive or inflammatory comments in public forums or on another person's page. In Australia, internet trolling can be prosecuted under various laws, including the Criminal Code Part 10.6 (Division 474.17(1)) and state-level laws such as the Crimes Act in Victoria and NSW, and Queensland’s Criminal Code. The Australian government has also introduced the Social Media (Anti-Trolling) Bill 2022, which aims to hold social media companies liable for defamatory content posted on their platforms and provide victims with recourse. However, this bill has faced criticism from legal experts who argue that it could worsen online abuse and deprive victims of redress.
| Characteristics | Values |
|---|---|
| Current status of anti-trolling laws in Australia | Trolling is partly regulated by the Criminal Code Part 10.6 (Division 474.17(1)). |
| The Social Media (Anti-Trolling) Bill 2022 was debated in the Parliament of Australia but did not pass. | |
| The bill would have made it easier for people to identify trolls and pursue legal action. | |
| The bill could have worsened online abuse by depriving victims of redress and allowing anonymous commenters to block the release of their details. | |
| The bill was criticized for focusing on defamation law rather than online abuse. | |
| The bill could have shifted liability to social media companies, who would be held liable as publishers. | |
| Possible civil penalties for internet trolling in Australia | Internet trolls can be sued for money damages by those being trolled. |
| Portrayal in a false light, invasion of privacy, and defamation are possible civil actions that can be taken against a troll. |
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What You'll Learn
- Trolling in Australia is partly regulated by the Criminal Code Part 10.6 (Division 474.17(1))
- The Social Media (Anti-Trolling) Bill 2022 was debated but did not pass
- The bill would have made it easier to identify trolls and pursue legal action
- The bill could have worsened online abuse and deprived victims of redress
- Trolling can be prosecuted under law as it causes offence, menace or harass and cyberbullying
Trolling in Australia is partly regulated by the Criminal Code Part 10.6 (Division 474.17(1))
The Australian government has recognised the growing problem of internet trolling and the need for legislation to keep pace with technological advancements. Trolling can cause significant harm to individuals and the community, and the anonymous nature of these activities makes it challenging to identify and hold perpetrators accountable. The proposed Social Media (Anti-Trolling) Bill 2022 aimed to empower victims of online abuse by establishing standardised complaint systems on social media platforms to identify and pursue legal action against trolls.
However, this bill did not pass, and critics argued that it offered little protection to victims and could deprive them of redress. They suggested that defamation law, which forms a small component of trolling activity, is not the answer to tackling online abuse. Instead, they proposed giving federal courts the power to issue injunctions to prevent the publication of cyber-abuse material, supplementing the powers of the eSafety Commissioner to force the removal of such content.
While trolling can have serious repercussions, it is essential to note that the line between trolling and sarcasm is often blurred. This complexity underscores the importance of careful legislative drafting to balance protecting individuals from harm and preserving freedom of expression.
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The Social Media (Anti-Trolling) Bill 2022 was debated but did not pass
In late 2021, the Morrison Government announced its intention to introduce a bill to address the issue of online trolling. The Social Media (Anti-Trolling) Bill 2022 was subsequently debated in the Parliament of Australia. However, it failed to pass, and as of May 2024, the status of the bill is listed as "Not Proceeding."
The proposed legislation aimed to hold online trolls accountable for their social media activity. It sought to empower victims of defamatory trolling by providing them with two methods for addressing the issue. Firstly, global social media platforms would be required to establish a standardized complaint system for identifying and reporting defamatory content. This system would enable victims to request the removal of defamatory comments if the troll consented.
Secondly, if the troll refused to consent or if the victim desired further action, the social media company could ask the troll for permission to disclose their personal information. This aspect of the bill was particularly controversial, as critics argued that it could deprive defamation victims of redress and hinder their access to justice. Additionally, concerns were raised about the potential impact on free speech and the role of social media companies in monitoring and regulating content.
Despite the government's intentions, legal experts and the Law Council cautioned that the bill might not effectively address the complex nature of online trolling and could potentially worsen online abuse. They suggested that non-defamatory trolling could still cause significant harm and that granting immunity to social media companies for user comments might not provide adequate protection for victims. As a result, the bill did not progress beyond the debate stage, and Australia's approach to tackling online trolling remains a subject of ongoing discussion and potential future legislative efforts.
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The bill would have made it easier to identify trolls and pursue legal action
Trolling is partly regulated in Australia under the Criminal Code Part 10.6 (Division 474.17(1)). This includes the regulation of internet services and using a carriage service to menace, harass, or cause offence. However, the Social Media (Anti-Trolling) Bill 2022, which was debated in the Parliament of Australia, did not pass. The bill aimed to make it easier to identify trolls and pursue legal action.
The bill proposed that social media companies be held liable as publishers of defamatory content. This would incentivize them to set up complaints-handling procedures to reveal the identities of anonymous commenters. While some supported the bill as a way to hold online trolls accountable, others criticized it for potentially depriving victims of redress and worsening online abuse.
The Law Council of Australia and defamation experts warned that the bill offered little protection for victims and could deprive them of redress. They argued that defamatory material comprises only a small component of trolling activity, and the focus on defamation could undermine efforts to reform defamation laws in Australia. Additionally, they raised concerns about the potential impact on freedom of speech and the practicality of implementing the proposed measures.
The eSafety Commissioner, legal practitioners, and academics also expressed concerns about the bill. They suggested that it could confuse people, be misused, and potentially worsen online abuse. They recommended giving federal courts the power to issue injunctions to prevent the publication of cyber-abuse material and supplementing the powers of the eSafety commissioner to force the removal of such material.
While the Social Media (Anti-Trolling) Bill 2022 did not become law, it sparked a conversation about the need to address online trolling effectively and safely. It remains to be seen whether future legislation will be introduced to tackle this issue, balancing the need for accountability with the protection of free speech and online safety.
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The bill could have worsened online abuse and deprived victims of redress
In Australia, the Social Media (Anti-Trolling) Bill 2022 was debated in Parliament but did not pass. The bill was introduced by the Morrison government in early December 2021 and was designed to make online trolls accountable for their social media use. The bill proposed incentivizing social media companies to set up complaints-handling procedures that could reveal the identities of anonymous commenters.
However, the Law Council and defamation experts criticized the bill, arguing that it would deprive defamation victims of redress and do little to solve the problem of online trolling. They warned that giving companies operating social media pages a defense mechanism may worsen online abuse and harm victims' access to justice. The submissions, made to the attorney general's department, also highlighted that new complaints procedures would still allow anonymous commenters to block the release of their details.
David Rolph, one of the academics who submitted to the attorney general's department, warned that the bill's provision of "blanket protection" for companies running social media pages "is likely to increase, rather than decrease, poor online behavior." This is because page owners would not be liable even if they are aware of defamatory third-party comments and have the power to remove them, alleviating the need for comment moderation. Rolph suggested that social media page operators should still be liable if they are given notice of a defamatory comment.
Michael Douglas, another academic who provided submissions, argued that the bill "would remove the ability of those who suffer reputational harm online to obtain meaningful remedies." He suggested that the government should instead incentivize those with the power to moderate social media comments to improve their practices. Douglas also noted that the bill would benefit commercial media companies and internet giants but do very little for ordinary Australians, including children who remain unprotected from online harm.
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Trolling can be prosecuted under law as it causes offence, menace or harass and cyberbullying
Trolling is a form of online harassment that can cause significant harm to individuals and communities. In recognition of this, the Australian government has sought to implement anti-trolling laws to hold online trolls accountable for their actions. While the Social Media (Anti-Trolling) Bill 2022 was debated in Parliament, it did not pass. However, this does not diminish the seriousness with which the Australian legal system views trolling.
Trolling can be prosecuted under Australian law as it falls under the ambit of causing offence, menace, or harassment using a carriage or online service. The Criminal Code Part 10.6 (Division 474.17(1)) specifically addresses the regulation of internet services and prohibits the use of such services to cause offence, menace or harass. This includes the broader category of offensive online behaviour, which is also prohibited by state-level laws such as the Crimes Act in Victoria and NSW, and Queensland's Criminal Code.
The Australian government has recognised the need to hold individuals accountable for their social media use, particularly in cases of trolling. The proposed anti-troll laws sought to empower victims of trolling by incentivising social media companies to establish complaints-handling procedures that could reveal the identities of anonymous commenters. This would enable victims to pursue legal action against trolls, who are often shielded by their anonymity.
While the specific anti-trolling bill did not pass, Australia already has a robust defamation regime, with ongoing reforms at the state and territory levels. Defamation laws can be utilised to address trolling behaviour, particularly in cases of cyberbullying. Victims of online defamation will have new methods for pursuing recourse under the proposed reforms, which include empowering federal courts to issue injunctions to prevent the publication of cyberbullying material and forcing social media companies to remove such content.
In conclusion, trolling can be prosecuted under Australian law as it constitutes offensive behaviour and causes offence, menace or harass. The Australian government and legal system recognise the harm caused by trolling and are committed to providing avenues for victims to seek redress, whether through specific anti-trolling legislation or existing defamation laws and cyberbullying protections.
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Frequently asked questions
Trolling is partly regulated by the Criminal Code Part 10.6 (Division 474.17(1)). It includes the regulation of internet services and areas such as using a carriage service to menace, harass or cause offence to a reasonable person. However, the Social Media (Anti-Trolling) Bill 2022 was debated in the Parliament of Australia but did not pass.
The Social Media (Anti-Trolling) Bill 2022 was proposed by the Morrison government to make online trolls accountable for their social media use. The bill would have required social media companies to set up complaints-handling procedures that can reveal the identities of anonymous commenters. However, legal experts warned that the bill offered little protection and could deprive victims of redress.
Critics argued that the bill was misleading and dealt more with defamation law than online abuse. They also warned that it could worsen online abuse and harm victims' access to justice. For example, the Law Council of Australia submitted that "defamatory material comprises only a small component of 'trolling' activity online".
