Law Council of Australia

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Statutory Review of the Online Safety Act 2021

18 July 2024

The Law Council recently lodged a submission to inform the Statutory Review of the Online Safety Act 2021 (Cth), currently being led by Ms Delia Rickard PSM, on behalf of the Department of Infrastructure, Transport, Regional Development, Communications and the Arts (the Department). This submission, responding to an Issues Paper released in April 2024 by the Department, was informed by contributions from the Business Law Section, in addition to multiple Constituent Bodies and Advisory Committees. We are grateful to all contributors for their engagement with this consultation.

The Law Council’s submission acknowledged the significant impacts of harmful online content and unacceptable online behaviour, and recognised the importance of the Online Safety Act in strengthening protections to ensure users of online platforms, especially children, are safeguarded from abusive, or harmful, content. It is critical that the Online Safety Act is responsive to the evolving online environment, particularly given the pace of recent technological change, including the emergence of generative artificial intelligence.

The Law Council’s submission emphasised that, when considering any potential reforms, the Australian Government must adequately balance the need to protect individuals from online harm, while limiting any potential overregulation. As such, amendments to the Online Safety Act should be proportionate, and should not curtail individuals’ freedom of expression, nor serve as a placeholder for addressing broader societal issues, where harms are facilitated through social media or other online services.

Ms Rickard will provide her report to the Government by 31 October 2024. The Law Council looks forward to subsequently engaging with the outcomes of this review.

Last Updated on 10/10/2024

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