PRESS RELEASE: Social Media Bill Ignores the Real Issue

SYDNEY, AUSTRALIA – 15 APRIL 2019 – The Australian Government’s new social media legislation punishes the social media platforms and their executives but fails to address the individual users who share abhorrent content online.

The video recording of the Christchurch massacre is the latest terrifying instance of how social media platforms can be misused to rapidly disseminate messages of hate and spread fear. This form of violent propaganda must be prevented, but it requires a considered approach with the input, expertise and support of the social media platforms themselves.

The Australian Federal Government’s push for legislation that attempts to prevent the sharing of this odious material is an objective which ISMA supports in principle. However, the new laws have been widely criticised by the legal, journalist and tech communities alike, which is understandable given the almost complete lack of consultation with the very companies the Australian Government is seeking to regulate.

“This reactionary legislation disproportionately puts sole responsibility on the social media platforms and internet service providers, whilst entirely neglecting to consider the agency and culpability of individual users,” President of ISMA Sara Delpopolo said.

Much noise was made about the fact that taking 29 minutes to remove the Christchurch video was too long for a company as large and sophisticated as Facebook. What was overlooked in the reporting of this issue are some other statistics: Facebook has almost 1.5 billion daily active users and sees 100 million hours of daily video watch time.

The real catalyst for the social backlash was not so much the time it took Facebook to remove the content, but the way in which the material spread in the hours afterwards. No doubt this warrants a re-examination of the current systems in place to prevent the spread of this type of content, but it also raises concerns about individual users who blithely share it.

What is clear from the recent events is that the Government’s response misses the more pervasive issue: the accepted culture of sharing violent and hateful material.

The existing legal framework in Australia prohibits individuals from disseminating material such as the Christchurch video, so why have no individuals been held accountable? Nothing is being done to highlight to the public the consequences of sharing content that is illegal or offensive. Our criminal laws clearly state that the dissemination of illegal content (such as video footage of a live shooting) via a carriage service is a punishable offense. This extends to every single person who shared the Christchurch video on social media.

ISMA is advocating for a more holistic approach to this problem where both the platforms and the users are properly considered. We acknowledge that there should be criminal punishment and sanctions to deter the spread of abhorrent material. However, by misguidedly focussing on social media executives, the Government has overlooked the real need to educate individual users about the repercussions of their actions online.

ISMA believes there is an important piece of work to be done in educating people about the current laws and making sure they appreciate the gravity of the potential consequences. We acknowledge this is not an outright solution to the problem, but it is an important part of the picture missing from the dialogue around this issue.

Just as a reckless driver cannot attribute their actions to the car manufacturer, so too should individual social media users bear responsibility for their actions instead of everyone pointing the finger squarely at the social media companies.

Some social media platforms have already openly agreed with some form of regulation. ISMA believes the form and the extent of any regulation must be the result of a considered and rigorous consultation with all key stakeholders to ensure the behaviours we are trying to curb are properly addressed.

The United Kingdom is also looking to enact similar legislation and ISMA is currently reviewing the white paper by the UK’s Department for Digital, Culture, Media and Sport.
There is still much to be discussed and resolved before new legislation is adopted and ISMA welcomes the opportunity to open up discussions between legislators and the social media platforms.