Digital duty of care laws must not come at the expense of access to information

RMIT University Media Release

The Australian government’s proposed digital duty of care is an important step towards tackling online harms against women and girls, but there is a risk that platforms could over-censor legitimate information. An RMIT expert says policymakers and regulators must ensure that access to information on drug and sex education is protected.

Dr Nicole Shackleton, Coordinator of the Technology, Law and Society Research Group says:

“The proposed digital duty of care law recognises the serious, gendered harms all women and girls experience online – including harassment via non-consensual sexualised deepfakes, image-based abuse, threats of sexual violence and the encouragement of gender-based violence.

“But while the draft legislation appears to strike a reasonable balance, there is a risk that platforms will over-censor legitimate content in an effort to comply and important information such as sex education, drug education and other contentious but valuable materials could be removed.

“Protecting the right of women and girls to be safe from discrimination and violence online requires a careful balance with between regulation and freedom of speech.

“The eSafety Commissioner needs to remain equally concerned with ensuring access to vital information online as they are to remove harmful material – even if that information may be controversial.

“Protecting minorities is not just about preventing harm – it is also about facilitating the benefits of the internet such as connection and access to information.”

Dr Nicole Shackleton is a lecturer in the School of Law at RMIT University with expertise in gender and technology. She has specific interest in the regulation of technology to prevent gendered abuse.