Labor’s Digital Duty of Care exposure draft would hand the eSafety Commissioner extraordinary powers to create false identities, access online services, observe and record material, test platform behaviour and, in limited circumstances, engage with users.
These so-called “sock puppet” powers would operate despite contrary Commonwealth, state or territory laws, contracts, or platform policies, providing civil immunity for acts done in good faith.
Shadow Minister for Communications and Digital Safety, Sarah Henderson, said the provisions confirm how far Labor’s proposal has strayed from genuine child safety.
“Labor’s Digital Duty of Care is not about protecting children. It is about giving government and regulators unprecedented powers over lawful online activity,” Senator Henderson said.
“Protecting Australians online is important, but these powers go well beyond simply checking whether a platform is doing the right thing.”
“The exposure draft expressly allows eSafety and approved researchers to create fake identities, access services, observe and record material, and test how platforms respond.”
“Australians do not want Anika Wells deciding what they can say and see online. Nor do they want the minister running some sort of Orwellian spy operation under the cover of child safety.”
“The government needs to explain why it needs powers this broad.”
“Online safety laws should target real harm, not create a blank cheque for political censorship and government surveillance of lawful online activity.”
“Whether it is sweeping ministerial powers over lawful content, dangerously vague definitions of online harm, or covert surveillance powers for the regulator, Labor must scrap these draconian laws and go back to the drawing board,” Senator Henderson said.