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Online Safety Amendment (Breaking Online Notoriety)

Current status

This bill did not become law and is no longer proceeding.

Policy area

Transport & communications

What does this bill do?

People in Australia would be able to complain to the eSafety CommissionerAustralia's online safety regulator, which this bill would let investigate complaints and order removals of certain content. about online posts that show possible crimes and were shared to make the offender famous or notorious.

Why was it introduced?

Posts showing possible crimes for the purpose of gaining notoriety left the eSafety CommissionerAustralia's online safety regulator, which this bill would let investigate complaints and order removals of certain content. without explicit powers to handle those complaints. The bill lets the Commissioner run a complaints scheme, investigate the material, and order platforms, posters, or hosts to remove it.

Broader context

Australia’s Online Safety Act 2021 already gave the eSafety CommissionerAustralia's online safety regulator, which this bill would let investigate complaints and order removals of certain content. powers over some illegal and harmful material, but the bill’s explanatory memorandum said there was no explicit scheme for complaints about posts showing possible crimes that were shared to make offenders notorious. Garth Hamilton introduced this private member’s bill on 27 March 2023 to create that pathway and give eSafetyAustralia's online safety regulator, which this bill would let investigate complaints and order removals of certain content. clearer takedown powers. The bill was removed from the Notice PaperThe official list of business to be dealt with in Parliament; the bill was removed from it, so it did not proceed. on 14 November 2023, while separate online-safety work continued through platform-rule and enforcement debates.

Key criticism

No significant bill-specific public case against this private member’s bill is clearly recorded in the collected sources. Later commentary criticised item-by-item takedown powers in the wider Online Safety Act framework, but the collected evidence does not show that criticism was directed specifically at this bill.

Who supported it?

Garth Hamilton MPAn elected parliamentarian; here it refers to Garth Hamilton, who introduced the bill. introduced this bill. Speeches supporting it came from LNP.

Introduced in House 27 Mar 2023
Failed in House 14 Nov 2023
Did not reach Senate —
Did not become law —

Did it become law?

No

The bill did not complete passage through Parliament.

Final passage

No final passage

The bill has not completed passage and is no longer proceeding.

Time before failure

232 days

From introduction to the final recorded step before the bill stopped proceeding

Official record

View on APH

Parliament of Australia bill page

Meaning

What does this bill do?

  1. People in Australia would be able to complain to the eSafety CommissionerAustralia's online safety regulator, which this bill would let investigate complaints and order removals of certain content. about online posts that show possible crimes and were shared to make the offender famous or notorious.

  2. The bill would cover social media and similar online services where content appears to show conduct that is, or could be, a criminal offence.

  3. The eSafety CommissionerAustralia's online safety regulator, which this bill would let investigate complaints and order removals of certain content. would be able to investigate complaints and order platforms, posters, or hosting providers to remove criminal activity materialThe bill's label for online content that shows conduct that is, or may be, a criminal offence and was posted to gain notoriety..

  4. Online services would be expected to limit this kind of crime-related content and give users clear ways to report it.

  5. People and companies that ignore a removal noticeA formal order from the eSafety Commissioner requiring a platform, host, or poster to take down the material. could face civil enforcement, including infringement notices, enforceable undertakings, and court injunctions.

Show source excerpts
  1. The Bill seeks to empower the Commissioner, once a person has made a complaint, to manage instances where criminal activity material is posted on an online service for the purpose of gaining notoriety. The Bill does so by extending the functions of the eSafety Commissioner to include administering a complaints system for criminal activity material.
    Online Safety Amendment (Breaking Online Notoriety) explanatory memorandum
  2. The Bill defines criminal activity material as material that is hosted on a social media service, a relevant electronic service, or a designated internet service, and depicts conduct that is, or could be deemed to be, a criminal offence.
    Online Safety Amendment (Breaking Online Notoriety) explanatory memorandum
  3. The Bill gives the eSafety Commissioner the power to investigate any complaint made regarding criminal activity material. If satisfied that the material is or was criminal activity material, the eSafety Commissioner may issue a removal notice to the provider of a social media service, a relevant electronic service or a designated internet service, or to a person who posts criminal activity material, or to a hosting service provider who hosts criminal activity material.
    Online Safety Amendment (Breaking Online Notoriety) explanatory memorandum
  4. This item adds criminal activity material as a material type for which the provider of the service is to take reasonable steps to minimise the extent to which the material is provided on the service. This item relates to the making of determinations under section 45 in relation to basic online safety expectations.
    Online Safety Amendment (Breaking Online Notoriety) explanatory memorandum
  5. This item adds section 104E (Criminal activity material) as being subject to an infringement notice under Part 5 (Infringement notices) of the Regulatory Powers (Standard Provisions) Act 2014.
    Online Safety Amendment (Breaking Online Notoriety) explanatory memorandum

Context

Broader context for this bill

Australia’s Online Safety Act 2021 already gave the eSafety CommissionerAustralia's online safety regulator, which this bill would let investigate complaints and order removals of certain content. powers over some illegal and harmful material, but the bill’s explanatory memorandum said there was no explicit scheme for complaints about posts showing possible crimes that were shared to make offenders notorious. Garth Hamilton introduced this private member’s bill on 27 March 2023 to create that pathway and give eSafetyAustralia's online safety regulator, which this bill would let investigate complaints and order removals of certain content. clearer takedown powers. The bill was removed from the Notice PaperThe official list of business to be dealt with in Parliament; the bill was removed from it, so it did not proceed. on 14 November 2023, while separate online-safety work continued through platform-rule and enforcement debates.

  1. 2021

    Online Safety Act begins with powers over some harmful online content

    The existing Act gave the eSafety CommissionerAustralia's online safety regulator, which this bill would let investigate complaints and order removals of certain content. powers over categories such as cyber-abuse while the bill’s explanatory memorandum said criminal activity materialThe bill's label for online content that shows conduct that is, or may be, a criminal offence and was posted to gain notoriety. posted for notoriety was not explicitly covered.

    Online Safety Amendment (Breaking Online Notoriety) explanatory memorandum ↗
  2. 27 Mar 2023

    Bill introduced to target crime footage posted for notoriety

    Garth Hamilton introduced the bill to let people complain about criminal activity materialThe bill's label for online content that shows conduct that is, or may be, a criminal offence and was posted to gain notoriety. online and to let eSafetyAustralia's online safety regulator, which this bill would let investigate complaints and order removals of certain content. investigate and order its removal from platforms, posters or hosts.

    Parliamentary timeline ↗
  3. 14 Nov 2023

    Breaking Online Notoriety bill drops off the Notice PaperThe official list of business to be dealt with in Parliament; the bill was removed from it, so it did not proceed.

    The bill was removed from the Notice PaperThe official list of business to be dealt with in Parliament; the bill was removed from it, so it did not proceed. under standing ordersParliament's procedural rules, which governed how the bill could be removed from the Notice Paper., leaving the proposed new complaints and takedown scheme unfinished.

    Parliamentary timeline ↗
  4. 22 Nov 2023

    Department consults on broader online-safety expectations

    The department published proposed amendments to the Basic Online Safety ExpectationsRules that set what online services are expected to do to reduce harmful content and make reporting easier., a separate platform-obligations process within the wider online-safety agenda.

    Department of Infrastructure ↗
  5. 22 Apr 2024

    Experts criticise item-by-item takedowns in online-safety law

    The Financial Review reported criticism that existing unlawful-content removal powers could leave eSafetyAustralia's online safety regulator, which this bill would let investigate complaints and order removals of certain content. chasing violent material after it had already spread across platforms.

    Australian Financial Review ↗

Legislative route

How did it move through Parliament?

House Senate
Introduced 27 Mar 2023

The bill was formally presented to the chamber and read a first time, which starts its parliamentary journey.

Introduced and read a first time

Second reading opened 27 Mar 2023

A minister or sponsoring member moved the second reading, opening the main debate on the bill's purpose and principles.

Second reading moved

Removed from the Notice PaperThe official list of business to be dealt with in Parliament; the bill was removed from it, so it did not proceed. in accordance with (SO 42) 14 Nov 2023

The bill reached this recorded parliamentary step.

Key criticism

The main case against this bill

No significant bill-specific public case against this private member’s bill is clearly recorded in the collected sources. Later commentary criticised item-by-item takedown powers in the wider Online Safety Act framework, but the collected evidence does not show that criticism was directed specifically at this bill.

The available criticism belongs to the wider online-safety enforcement debate, not clearly to this bill.

Votes

Recorded votes

No recorded votes were found before this bill stopped proceeding.

Parliamentary debate

Who spoke, and what they said

Start here — lead voices

Sponsor speech Supports

Garth Hamilton

Liberal National Party • MP 27 Mar 2023

Hamilton supports the bill, saying it will extend the eSafety CommissionerAustralia's online safety regulator, which this bill would let investigate complaints and order removals of certain content.’s powers to cover criminal activity materialThe bill's label for online content that shows conduct that is, or may be, a criminal offence and was posted to gain notoriety. and help the Parliament respond to youth crime and community expectations.

Read in Hansard ↗

All speeches by bloc

Coalition

1 speaker · 1 support

  1. Garth Hamilton ★ Hamilton supports the bill, saying it will extend the eSafety CommissionerAustralia's online safety regulator, which this bill would let investigate complaints and order removals of certain content.’s powers to cover criminal activity materialThe bill's label for online content that shows conduct that is, or may be, a criminal offence and was posted to gain notoriety. and help the Parliament respond to youth crime and community expectations.
    “What this bill does is bring the eSafety Commissioner in line not just with community expectation but with the powers of the QPS.”

    Liberal National Party • MP • 27 Mar 2023

    Read the full speech in Hansard ↗

Record

Full record

Full chat