Mollyn Nakabea 
Proposed changes to the Online Safety Act call for stronger civil enforcement powers, allowing the Online Safety Commission to directly order the removal of harmful online content.
Currently, the Commission can only request the removal of posts that abuse, threaten, or exploit individuals.
Law Reform Commissioner David Solvalu says the Commission lacks the stronger enforcement mechanisms found in Australia’s online safety framework.
Solvalu says granting the Commission direct removal powers will allow it to handle cases more effectively based on their severity.
“Focusing them on civil enforcement and building up their armory, so to speak, of civil enforcement powers, will allow them to specialize and also be more effective without diverting them into two streams of enforcement.”
Solvalu says that severe criminal matters, such as child sexual abuse material, should be handled through a separate legal channel.
He says these matters should have direct referral pathways to the Director of the Public Prosecution’s office and the Police.
While current enforcement options are limited, Online Safety Commissioner Filipe Batiwale warns that tougher penalties could soon be introduced.
“In terms of penalties, there will be a strong push on amending the current Online Safety Act to include a harsher penalty. (15:42) So we could be seeing fines issued, imposed on those who are cyberbullying online or are using the internet to harm others.”
The proposed framework aims to streamline civil cases under the Commission, as the majority of reported online issues fall under civil matters.
