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Australian Government strengthens online defamation laws

Eliza Sayon Nov 30, 2021

2 min read

The Australian Government will soon be introducing new court powers that will force global social media giants to unmask anonymous trolls, adding further protection to Australians online.

The reforms, which will consider social media companies as publishers and can hold them liable for defamatory comments posted on their platforms, will be some of the strongest powers in the world by holding global social media giants to account.

The companies can avoid this liability so long as they provide information that ensures a victim can identify and commence defamation proceedings against the troll.

Prime Minister Scott Morrison said the rules that exist in the real world should exist online too.

“Social media can too often be a cowards’ palace, where the anonymous can bully, harass and ruin lives without consequence,” he said.

“We would not accept these faceless attacks in a school, at home, in the office, or on the street. And we must not stand for it online, on our devices and in our homes.”

The Prime Minister stated that online trolls shouldn’t expect that they wouldn’t be held accountable for their actions.

The reforms will allow companies to establish a quick, simple and standardised complaints system that ensures defamatory remarks can be removed and trolls identified with their consent.

Aside from this, a new Federal Court order will be established that will require social media giants to disclose identifying details of trolls to victims, without consent, enabling a defamation case to be lodged.

The changes will ensure that organisations with a social media page are not legally considered publishers and cannot be held liable for any defamatory comments posted on their page

The reforms were made as a response to the Voller High Court case, which made clear that those who maintain social media pages can be ‘publishers’ of defamatory comments even if the page owner does not know about the comments.

“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,” Attorney-General Michaelia Cash said.

“This is not fair and it is not right. Australians expect to be held accountable for their own actions, but shouldn’t be made to pay for the actions of others that they cannot control.”

Attorney General Cash said the reforms would complement the defamation reforms currently being progressed, and will sit alongside the Government’s commitment to improving online safety.

“Social media providers should bear their fair share of responsibility for defamatory material published on their platforms,” Attorney-General Cash said.

“However, if defamatory comments are made in Australia, and social media providers help victims contact the individuals responsible, it is appropriate they have access to a defence.”

These new powers add on to other reforms, such as the establishment of the eSafety Commissioner, the legislation of the new Online Safety Act, drafting new online privacy laws and securing support for global action.

An exposure draft of the legislation will be released in the coming week, providing everyone to have their say on these important new laws.

Source: Prime Minister of Australia

Eliza Sayon

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Eliza is a content producer and editor at Public Spectrum. She is an experienced writer on topics related to the government and to the public, as well as stories that uplift and improve the community.