This submission responds to a Senate Committee inquiry into trolling on social media. It is broadly welcoming of a legislative response to address uncertainty in this area. The submission argues, however, that the Social Media (Anti-Trolling) Bill misses the opportunity to ensure that platforms are required to undertake due diligence to reduce the amount of defamatory content they promote and share. Instead, the Bill focuses only on creating individual legal remedies, which may be inaccessible to many people.

Key recommendations

• Only reducing liability on platforms where they have taken fair and reasonable steps to minimise the risks of defamation on their platforms, as well as implementing a complaints system.
• Requiring transparency about these reasonable steps and the complaints system through an annual reporting process.
• Empowering and resourcing an existing regulator to ensure adequate oversight of these reasonable steps and the complaints scheme.
• Ensuring the complaints scheme is age appropriate and offers particular protections to those under 18 who may post defamatory content.
• Revising the scope of the Bill so it offers protections to Australians using digital products with similar functionalities to social media platforms.