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R Volume 66 I 1

THE MORAL

24 IPA Review | ipa.org.au CYBERBULLYING R

The government’s cyberbullying scare is confused and dangerous, write Chris Berg and Simon Breheny

ullying among children is a And it’s a particularly CHRIS BERG IPA Review Editor and serious problem. At its tragic disappointing development coming Policy Director at the worst it can lead to . from this government. In a speech to Institute of Public Affairs BBut it is a serious social the Samuel Griffith in 2012 problem, not a technological one. entitled ‘In Defence of Freedom of Earlier this year, the Coalition Speech’, then Opposition legal affairs government released a discussion spokesman Senator George Brandis SIMON BREHENY paper ‘Enhancing Online Safety for said: Director, Legal Rights Project Children.’ The proposals contained The measure of a society’s commitment and Editor, FreedomWatch at the Institute of Public Affiars within the discussion paper have been to political freedom is the extent of its drafted with the intention of tackling willingness to respect the right of every cyberbullying—that is, using one of its citizens to express their views, digital technology. no matter how offensive, unattractive or Unfortunately they will do eccentric they may seem to others. nothing to solve the bullying problem. The proposed establishment of And, by establishing a ‘Children’s an e-Safety Commissioner is not e-Safety Commissioner’ with powers a policy that lives up to Brandis’ to take down material from social high-minded . Indeed media websites, it will increase the proposal moves Australia in

THE KEY PLANK IN THIS POLICY IS THE CREATION OF A NEW POWER TO ‘GET HARMFUL MATERIAL DOWN FAST.’ > THIS IS AN EXPLICIT POWER. PURE AND SIMPLE.

government control over the internet precisely the opposite direction. and clearly threaten free speech. If the Coalition’s e-safety policy is The discussion paper implemented, this government will outlines three key measures the be doing more to restrict free speech government aims to implement than it is to defend it. to address cyberbullying: the Several concepts used in the establishment of the Children’s discussion paper are ambiguous. e-Safety Commissioner; developing The term ‘harm’ is itself a term that an effective complaints system, describes a broad range of conduct, backed by legislation, to get harmful from the very serious to the trivial. material down fast from large social Whenever the basis of a bureaucratic media sites; and examining existing power is vague it gives discretion to Commonwealth legislation to public servants. In the case of the determine whether to create a new, e-safety commissioner, it means that simplified cyberbullying offence. none of us can be sure whether we’ll The key plank in this policy is be censored for something we say the creation of a new power to ‘get online. harmful material down fast.’ This is an The proposed regime carries some explicit censorship power. Pure and very serious risks. The commissioner simple. will not be infallible. There will be

MAY 2014 | IPA Review 25 R CYBERBULLYING Volume 66 I 1

CONTINUED THE TRUTH IS THAT CYBERBULLYING IS BULLYING. IT’S mistakes, and content that should AWFUL. IT’S DAMAGING. BUT CYBERBULLYING IS NO never have been taken down will be > MORE OR LESS A PROBLEM THAN RUN-OF-THE-MILL removed by the government. PLAYGROUND BULLYING. We’ve seen this before. In June last year, the Australian Securities regime. Additionally, no matter how schools which can assist in effectively and Investments Commission carefully this policy is implemented targeting cyberbullying. admitted that it had accidentally there will be cases where the The most important mechanism blocked 250,000 websites in an commissioner will fail to remove that exists to deal with cyberbullying attempt to tackle online scams. legitimately harmful material. is direct reporting to the social Those who cannot remember the Of course, that won’t stop parents media networks themselves. It’s in past are condemned to repeat it. from trusting that the government the interest of social media sites to The risk of inadvertent removal is putting an end to cyberbullying. have highly developed reporting of material is serious. But perhaps Governments love to pretend they mechanisms in place. even more concerning is the idea have everything under control. And Facebook allows users to report that the government should grant many parents will trust that the violations of its statement of rights itself this kind of power at all. commissioner has covered the field. and responsibilities. The statement It’s not the role of government to But the risk is that the existence contains an explicit reference judge what is and is not acceptable of this program provides a false to bullying: ‘You will not bully, social discourse. Those important sense of security. Parents will rely intimidate, or harass any user.’ decisions must be reserved for on the government to protect their The outline of rational, free individuals. children. This attitude is instinctive— Standards expands on its And like any government the government is taking more uncompromising stance: ‘Facebook initiative there is the risk of scope responsibility so I don’t need to take does not tolerate bullying or creep. What starts as a small as much. harassment. We allow users to speak censorship regime grows into This attitude has a dramatic impact freely on matters and people of a large censorship regime. In a on consumer behaviour. Parents who public interest, but take action on all liberal democracy there is only one rely on the e-safety commissioner reports of abusive behaviour directed acceptable level of censorship: none. no longer direct capital towards free at private individuals. Repeatedly On the flip side, it will be market answers to cyberbullying. targeting other users with unwanted impossible for the e-Safety This outcome is a direct result of friend requests or messages is a form Commissioner to protect children the government intervening in of harassment.’ from all cyberbullying. Lines have an area where government action Twitter, LinkedIn, Pinterest, to be drawn somewhere. And is unnecessary. Implementing a Google+, and other social media sites wherever the government creates government-run online safety program likely to come under the purview of that threshold there are going to creates perverse incentives that lead to the government’s commissioner have be children who will be the subject fewer privately developed solutions. all developed similar policies. of bullying that is not caught by There are a very broad range of Distinct from internal reporting the government’s cyberbullying tools available to parents, teachers and tools, there is also a growing range

A FIELD SUBLIMINAL MESSAGING COMIC BOOKS GUIDE TO IN 1985, SOME PARENTS ACCUSED PSYCHOLOGIST FREDERICK WERTHAM HEAVY METAL BANDS OF WORKING CAUSED WIDESPREAD PANIC AFTER MORAL SUBLIMINAL MESSAGES ENCOURAGING THE PUBLICATION OF HIS 1954 BOOK, SUICIDE AND OTHER BEHAVIOUR INTO OF THE INNOCENT. THE THEIR MUSIC. SOME BELIEVED THAT THE BOOK OUTLINED THE CORRUPTING MESSAGES COULD BE REVEALED BY INFLUENCE COMIC BOOKS HAD ON THE PLAYING THE MUSIC BACKWARDS. LIVES OF YOUNG PEOPLE. 26 IPA Review | ipa.org.au CYBERBULLYING R

Twitter Online Google+ Safety Center Facebook Family Safety http://support.twitter.com/ http://support.google.com/plus/ Centre articles/15794-online-abuse answer/2402979 http://www.facebook.com/safety

of anti-cyberbullying software There are also a number of The proposed Children’s e-Safety available to parents. The number of existing legal remedies that cover Commissioner is a policy born of programs available is impressive. the same or similar conduct as that illiberalism. It patronises parents, They range in scope, complexity, targeted by the government under and it infringes freedom of speech. format and price, and can provide the e-safety policy. Violent threats; The government should not a remarkable amount of parental menacing, harassing or offensive proceed with its e-censorship control. conduct online; stalking; and proposal. R ‘CyberSynchs’ is an application unauthorised access to accounts are that identifies bullying and other all criminal offences. inappropriate behaviour, and The truth is that cyberbullying is then sends a report to parents. bullying. It’s awful. It’s damaging. Trend Micro’s ‘Online Guardian’ But cyberbullying is no more or allows parents to monitor their less a problem than run-of-the-mill children’s social media traffic for playground bullying. pre-programmed key words and The same approach should be phrases. used for both. Parents are more in There are hundreds of these tune with the emotional disposition products currently available. And of their own children. They know more are being developed all the better than any government- time. Primary and secondary schools appointed commissioner how also install filters at the network their child will react to incidents of level. These are the solutions that bullying, and they know best how to are available to parents seeking deal with it. Parents are the best anti- to protect their children from bullying advocates their children will cyberbullying. ever have.

CYBER-PORN VIDEO GAMES CYBER-PORN HAS EXISTED FOR VIDEO GAMES TEND TO BE BLAMED AS LONG AS THE INTERNET. FROM EVERY TIME A YOUNG PERSON IS THE EARLY 2000S, PARENTS HAVE INVOLVED IN A VIOLENT INCIDENT. BEEN CONCERNED THAT FREELY MEDIA COMMENTARY ABOUT THE AVAILABLE INTERNET EFFECT THAT GAMING HAS ON YOUNG IS TRANSFORMING THEIR INNOCENT PEOPLE IS RIFE WHENEVER TRAGIC OFFSPRING INTO SEXUAL DEVIANTS. SCHOOL SHOOTINGS TAKE PLACE. MAY 2014 | IPA Review 27