Australian Prime Minister Scott Morrisonis introducing new defamation laws that would force online platforms to reveal the identities of trolls or face defamation charges. As ABC News Australia, the laws would make social platforms, such as Facebook or Twitter, liable for defamatory comments against users.
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Platforms should also set up a reporting system that people can use if they feel they have been the victim of defamation. As part of this process, the person who posted the potentially defamatory content will be asked to remove it. However, if they refuse, or if the victim is interested in taking legal action, the platform can then legally ask for permission to disclose their contact details.
And if the platform can’t get consent, the laws will introduce an “end-user information disclosure order,” giving tech giants the ability to reveal a user’s identity without permission. If the platforms can’t identify the troll for any reason, or if the platforms flatly refuse, the company will have to pay for the troll’s defamatory comments themselves. Since the law is specific to Australia, it seems social networks won’t have to track down trolls located in other countries.
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"The online world shouldn't be a wild west where bots, bigots and trolls can walk around anonymously and harm other people," Morrison said during a press conference. "That can't happen in the real world and there's no way it can happen in the digital world."
As noted by ABC News Australia, a draft of the “anti-troll” legislation is expected this week and likely won’t reach Parliament until early next year. It remains unclear what specific details platforms will be required to collect and disclose. It’s not yet known how serious a case of defamation would have to be to justify revealing someone’s identity. A loose definition of defamation could pose serious privacy threats.
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The proposed legislation is part of a broader effort to overhaul Australia’s defamation laws. In September, the High Court of Australia ruled that news websites are considered “publishers” of defamatory comments made by members of the public on their social media pages and should be held liable for them. This has prompted outlets such as CNN to block Australians from accessing their Facebook pages altogether.
However, the decision may have implications for people who manage social media pages, as the ruling implies that they can also be held liable for any defamatory comments left on their pages.
