Tragedy, Social Media and Free Speech

Recent tragic events in Sydney have sparked calls for significant changes to the law in many areas. Most recently, the public debate has focused on restricting what material can be put on social media and elsewhere on the Internet. However, history shows us that we need to be careful to ensure that tragedies do not result in bad law.” says QCCL President Michael Cope

“Many tough on crime measures have been introduced in response to a most tragic situation. However as is always the case public policy must have regard to a broad range of considerations no doubt including but extending beyond the circumstances of any single case no matter how tragic.”

In this case, the issue which has arisen is the extent to which the law should prohibit the publication on social media and elsewhere on the Internet of violent video content.

“Any laws restricting violent content online must respect the fundamental right to freedom of speech. The QCCL does not say that this right is absolute. I suspect that not even Elon Musk truly believes that” said Mr. Cope

The e-safety Commissioner has used her powers to enforce Australia’s film and literature classification system to direct X to take down the video of the attack on the Sydney Bishop.

Australia’s film and literature classification system was designed to regulate broadcast media.

“The Internet is not a broadcast medium. Individuals are not at the same risk of being accidentally exposed to content that they do not want to see or hear. Usually, to find material on the Internet you have to go looking for it. Algorithms supply users with material based on their established interests. The risk of unwilling exposure to the type of content under discussion must therefore be small".

The Internet should not be regulated as a broadcast medium and yet that is what the Online Safety Act does.

The consequence of the Online Safety Act is that the Commissioner is the sole arbiter of whether content from anywhere in the world should be subject to Australia’s film and literature classification system.

"Mr Musk is correct when he complains that the e-safety Commissioner is a censorship body with extraordinary powers, extending to requiring the removal of material anywhere in the world."  

It is no doubt the case that there may be cases of violent content on the Internet and social media which should be the subject of regulation. The difficulty always is to frame regulation which does not threaten legitimate portrayal of violence for example images of war.

Mr Cope says “There are no doubt specific cases of violent content that can and should be regulated and not just on the net. Obvious examples would be pornography which involves violence or torture or child sex abuse material. In the context of terrorism, expression which is intended to incite violence; is likely to incite such violence and where there is a direct connection between the expression and the likelihood of such violence can legitimately be prohibited.”

There have been moral panics about every form of new technology since writing. Within the lifetime of many people living today it has been asserted that civilization would be destroyed by the development of such things as radio, television and comic books. During the great pamphleteering years of the 17th and 18th century outrageous lies were regularly circulated.

American presidential elections of the 19th century were littered with false allegations. Ulysses S Grant was falsely accused of having fathered an illegitimate daughter with an Indian woman.

“No doubt, the law should prohibit false and misleading and deceptive statements being made in relation to advertising of products and services. However, the application of such laws to political speech raises not only issues of free speech but of the separation of powers.”

"We cannot allow tragic circumstances to lead to further tragedies in the form of unjust laws. We must proceed cautiously to consider any proposals to limit freedom of speech on the Internet."

For further information contact Michael Cope President QCCL on 07 3223 5939 during office hours and at all times on 0432 847 154 

30 April 2024