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Law Council of Australia


Recommendations captured in cyberbullying report

5 April 2018

The Law Council supports the recommendations of the Legal and Constitutional Affairs References Committee into the Adequacy of existing offences in the Commonwealth Criminal Code and of state and territory criminal laws to capture cyberbullying.

The recommendations contained in the report follow many of the recommendations put to the committee in the Law Council’s submission in October last year and evidence presented to the committee in February this year (read the opening statement here).

Among the Law Council’s key recommendations were:

Many of these points were adopted by the committee in the report which recommends:

The committee also recommended the government ensure the Office of the eSafety Commissioner is adequately resourced to fulfil all its functions, taking into account the volume of complaints it considers and promote to the public the role of the Office of the eSafety Commissioner, including the cyberbullying complaints scheme.

The government consider improvements to the process by which the Office of the eSafety Commissioner can access relevant data from social media services hosted overseas, including account data, that would assist the eSafety Office to apply the end-user notice scheme, was also recommended by the committee.

The committee would also like to see wether amendments to the Enhancing Online Safety Act 2015 relating to the eSafety Commissioner and the cyberbullying complaints scheme would be beneficial, in particular, expanding the cyberbullying complaints scheme to include complaints by adults; expanding the application of the tier scheme by amending the definitions of 'social media service' and 'relevant electronic service', and increasing the basic online safety requirements for social media services.



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