Jewish community frustrated by delays to social media duty of care

A mandated digital duty of care for social media platforms remains more than 18 months away, despite a 2024 online safety law review recommending its implementation.

Public servant Delia Rickard was appointed to examine the Online Safety Act in November 2023, making 67 recommendations in late 2024 after a year-long consultation and review process.

It included a recommendation to implement a digital duty of care requiring social media platforms to proactively and effectively manage the risk of harm to platform users.

The Royal Commission on Antisemitism and Social Cohesion on Friday examined the government and departmental response to the review and the status of the implementation of recommendations.

Counsel assisting Richard Lancaster SC asked Sarah Vandenbroek from the Department of Infrastructure to explain why it had taken 18 months for the government to issue its review response, which was published in April this year.

"Do you consider the branch that you lead was not adequately resourced to manage platform policy in a timely way because it took that 18-month period to develop a governmental response to the Rickard review?" Mr Lancaster put to Ms Vandenbroek.

Ms Vandenbroek rejected the suggestion.

"We had an election during that period which meant a change in minister,"

he said.

"A lot of the work that was done when the report was first handed over was redone with the new office to make them aware of the recommendations and the content, which is quite extensive."

'Urgent need'

The commission heard that as of January this year, it was expected the digital duty of care would be another two years away.

Mr Lancaster put to Ms Vandenbroek that members of the Jewish community, including the Special Envoy to Combat Antisemitism Jillian Segal, were frustrated by the lengthy timeline due to the significant impact of online hate on Jewish Australians.

Mr Lancaster presented Ms Vandenbroek with an email from the eSafety commissioner that included concerns from Ms Segal about the fact the digital duty of care recommendation could take two years to implement.

Ms Vandenbroek said she was aware an officer had been appointed to draft the legislation required for the digital duty of care, with the bill expected to be introduced at the end of the year.

She said it would take another 12 months after that for the legislation to come into effect.

"Does the department accept there is an urgent need for a better regulated online environment for the protection of the Jewish community specifically and the community more broadly?" Mr Lancaster put to Ms Vandenbroek.

"Yes we do accept that," she said in response.

The Rickard review also recommended a definition of online hate be developed and included in the Online Safety Act, which had not yet occurred.

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Ms Vandenbroek could not provide an update on the status of that recommendation being implemented, and said legal advice had not yet been sought on what that definition might include.

She said she had not personally been aware prior to the royal commission of the concerns the Jewish community had about the lack of a definition of online hate, which included references to antisemitic material.

"I wasn't previously aware of the very strong views held in the community, so that is something we can certainly do further work on," she said.

Ms Vandenbroek said her branch had also not sought legal advice on Ms Rickard's recommendation that major social media platforms be required to have a local presence for the purpose of facilitating enforcement.

The commission heard on Thursday the eSafety Commissioner's office had limited resources to investigate and respond to online hate complaints.

Ms Vandenbroek said there were no concrete plans to expand the commissioner's office or increase funding.