The Greens will push Labor to dramatically toughen new laws designed to rein in big tech, calling for individuals to have the right to take platforms to court and win financial compensation.
As Labor prepares to introduce its planned digital duty of care laws into parliament this week, the Greens say they will drive a tough bargain in exchange for support, including pushing for fines by the eSafety commissioner to be levied as a percentage of corporations’ global revenue rather than set amounts.
The Coalition is opposed to the duty of care plan, giving the Greens the upper hand in negotiations. Their communications spokesperson, Sarah Hanson-Young, said the laws should do more to address the addictive nature of platforms.
“To meaningfully change the behaviour of big tech companies, the digital duty of care laws must include the right for Australians who have been harmed online to be able to take legal action and seek compensation for the damage done,” she said.
“Enforcement of the digital duty of care cannot be left to the eSafety commissioner alone.
“To really put Australians’ online safety at the heart of this reform, individuals and the community need to have the right to take on big tech through a private right of action.”
The negotiations will be the first under the new Greens leader, David Shoebridge.
He has flagged a tougher negotiating approach than under his predecessor, Larissa Waters, potentially frustrating the government’s agenda in the second half of the year.
Shoebridge is expected to introduce a bill to stop the importation of so-called “pervert glasses” and other wearable technology this week.
Labor wants progress on its remaining budget bills, including moves to make tax treatment for trusts less generous.
Last month the government said it would legislate the duty of care and establishing fines of more than A$100m for platforms not protecting users from harm.
Popular platforms as well as online games, apps and AI chatbots will be required to protect against specific harms, including pornography; eating disorder content; misogynistic content; content that glorifies crime or life-endangering stunts; and content that could cause serious distress, including abuse and bullying.
The regulator, the eSafety commissioner, will have the power to issue removal notices to companies, with operators required to document measures taken to address online harms.
Users over 16 years of age will also be given new tools to turn off algorithm-driven content.
But Hanson-Young has warned that the proposed fines are too small to change the behaviour of tech giants.
“Fines for breaches must be tied to a percentage of global revenue,” she said. “The threat of serious fines and compensation is the only way to force these companies to clean up their act and proactively provide a safe environment for their users.”
The communications minister, Anika Wells, will address the National Press Club on Thursday. She has pledged to work constructively with the Greens and any other party to deliver basic safety standards.
“We want these platforms to embed safety by design,” Wells said. “Some of them have had 15 years to do it of their own accord. They haven’t, so now we’re going to legislate that they must.”
The shadow communications spokesperson, Sarah Henderson, warned on Sunday the duty of care laws could restrict free speech.
“At stake is something generations of Australians have fought and died to defend,” she told the Conservative Political Action Conference. “Your freedom of speech questions authority, to challenge government, to expose injustice, and above all, the freedom to disagree.”
