Peta Credlin: Sarah Henderson joins me now. Senator, give us some context here, help us understand that point you are making. It feels like we’re more exposed now, you know, in terms of a safety risk than ever before?
Senator Henderson: Peta, that’s absolutely right. We know this bill is all about shutting down Labor’s political opponents. And the Prime Minister let the cat out of the bag when he gave that speech in New York. But it also undermines our current Online Safety Act because it removes the mandatory codes and standards.
That’s what I was asking the eSafety Commissioner about, which prescribe very detailed obligations on the digital platforms to combat and remove child sexual abuse material, pornography, and other harmful and age-restricted material. And now there’s just this vague general duty with all of these discretions, including the ability of the eSafety Commissioner to make regulatory guidance which is not enforceable. So the whole thing is a dog’s breakfast. It’s clearly designed to control what Labor wants to see online. There’s no doubt about that. But it’s also undermining online safety and that is really concerning. Also, after all the work that we did when we were in government including, of course, enacting the Online Safety Act.
Peta Credlin: Isn’t part of the problem, Sarah, that with the growth of the online medium and a whole lot of people, I know my content goes out on social media but there’s a lot of podcasters out there who are changing the conversation and Labor can’t control the media like it used to control the ABC and the major networks who, as we know through that funding agreement, pay money to now, but also threaten big networks if they don’t do what Labor wants them to do? Isn’t that part of the reason why they need this legislation to get the media back under control?
Senator Henderson: There is no doubt about that. I specifically raised that with the IPA yesterday. And this does give Labor the ability to shut down the podcasters who are really cutting through and getting their message directly to Australians without the use of mainstream media. But it’s so much worse than that, Peta, because it drags every small business which runs a website or a social media platform into risk assessment compliance obligations.
There were churches and Jewish groups today raising concerns about threats to freedom of religion. And there’s also big concerns about the control of user empowerment tools, the so-called algorithm, which could give the ability of the government to shut down electoral advertising, which could impact on the outcome of elections. So the powers in this bill are completely sweeping and unlimited. It’s incredibly concerning. Traditionally, our online safety laws focus on the really serious harms and there are strong prohibitions against serious harms. But now there is this general duty to keep Australians safe online, which could mean almost anything. With huge powers being removed from the parliament to the executive, and of course that has very dire consequences for our democracy.
Peta Credlin: Talk to me about a submission that arrived late this afternoon from Professor Anne Twomey, who extensively chronicles the flaws in the legislation.
Senator Henderson: Well, she thinks that this is a serious threat to small businesses because of the very major compliance obligations that could be imposed because there are no limitations. The eSafety Commissioner has complete discretion to make any sort of risk assessment tools without any safeguards. She is concerned about the very substantial transfer of power from the parliament to the executive. She’s concerned about the algorithmic control, so there are just so many. And also there’s big concerns about age assurance.
So right across the internet, she’s raised concerns that when you are requiring material to be age-assured to protect children, that means the entire internet effectively gets censored and if you don’t comply, there are fines of up to $109 million. So the consequences of not complying with the duty of care are frightening. But there is no consideration whatsoever about the importance of free speech in this bill, and that’s why I say it is such a dog’s breakfast. Can I also say, Peta, I’m running a petition, ProtectFreeSpeech.com.au. Please go to that website and sign up and just show how much you care about this issue.
Peta Credlin: Okay, just a quick one. I know you know the Geelong region well. I was down there on the weekend. I don’t think I’ve felt the antipathy against Labor like that for a very long time. Give me your read of things.
Senator Henderson: Well, Libby Pettit is doing an amazing job in South Barwon, Callum Whitehead in Bellarine and Andy Pobjoy are also working very hard in Geelong, and Andy in Geelong. There is absolute anger on the ground, Peta. People are fed up with Labor. And the fact that there is a former Daniel Andrew staffer running against Libby Pettit, that is enough, frankly, for Geelong people to say, ‘No way whatsoever are we going to entertain a candidate like that.’
People are really hurting. The cost of living is hurting, the lack of infrastructure investment, the lack of investment in schools. Libby has already announced some fantastic commitments including to build a new local school. Labor sat on its hands for a very long time, so she’s a genuine local, like Callum, like Andy, and I’m really hoping that we are going to see some major change across the Geelong region. We’ve got to turn Geelong region blue and we’ve got to turn Victoria blue.
Peta Credlin: Yeah, no surprises, the Dan Andrews former staffer isn’t that forthcoming with her CV to the electorate. That’s why I keep mentioning it wherever I can. Sarah, I got to leave it there, thank you. We’ll stay across the digital duty of care.