New laws will give victims of online hate a pathway to recourse. Photo: Victorian Government.
Victoria is introducing new laws to fight big tech and AI companies, in what the state says is a nation-leading effort to protect children.
The laws will help families by giving victims of online hate a way to find out who is targeting them. The Victorian Civil and Administrative Tribunal (VCAT) will have the power to make “demasking orders”, which will force social media companies to reveal the identity of anonymous users accused of online vilification.
Other measures are aimed at the addictive nature of social media.
“Social media and AI companies design their platforms to be addictive, and our kids are paying the price,” Premier Jacinta Allan said.
“If a platform hurts a child, families should be able to take that company to court.”
“Hiding behind an anonymous account online should never mean you can vilify someone and get away with it.”
Under current laws, a family suing a social media or AI company for negligence causing psychiatric harm to their child must pass a high legal threshold before the action can be brought before a court.
The threshold requires proof of a permanent impairment of 10 per cent or more.
Victoria’s Labor Government is hoping to remove the threshold for claims brought on behalf of minors against AI providers and social media.
The government pointed out that courts in overseas jurisdictions had already found platforms liable for designing addictive features aimed at young people.
Additionally, the government hinted at further reform, possibly expanding the law’s scope to include adults.
The reforms are to be developed in consultation with VCAT, stakeholders and the courts.
