Bringing Cyber Hate Under Control Through a Pro-active Legal Approach: An Australian Case Study

Crofts, P; van Rijswijk, H

Bringing Cyber Hate Under Control Through a Pro-active Legal Approach: An Australian Case Study

Crofts, P van Rijswijk, H

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Publisher:: Springer
Publication Type:: Chapter
Citation:: Handbook on Cyber Hate, 2024, 13, pp. 261-274
Issue Date:: 2024-01-01

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Field	Value	Language
dc.contributor.author	Crofts, P
dc.contributor.author	van Rijswijk, H https://orcid.org/0000-0001-9180-0078
dc.date.accessioned	2024-11-11T21:28:11Z
dc.date.available	2024-11-11T21:28:11Z
dc.date.issued	2024-01-01
dc.identifier.citation	Handbook on Cyber Hate, 2024, 13, pp. 261-274
dc.identifier.isbn	978-3-031-51247-6
dc.identifier.uri	http://hdl.handle.net/10453/181842
dc.description.abstract	The new Australian legislation empowering the eSafety Commissioner has established a system with some good powers. So far, the eSafety Commissioner seems to have a good record of handling one-off, prominent cases, but not continuing, everyday harms suffered by vulnerable groups in particular. Overall, it appears that the problem is individuated and while the eSafety Commissioner is addressing large tech corporations and asking them to do better, they are not making enough use of their powers to seek penalties for the poor and inadequate actions on behalf of corporate actors. Law should create a positive legal duty for these corporations who make so much money from our online use to ensure a safe space for all uses. The corollary is product liability laws or workplace safety laws or consumer safety laws. The current regime in Australia focuses too much on individuals—both as perpetrators and victims—rather than seeing the bigger picture of how cyber hate is a collective harm. Tech companies have the technology, the capacity and the resources to manage and minimise this harm, and law should ensure that this happens.
dc.format.extent	26
dc.language	en
dc.publisher	Springer
dc.relation.ispartof	Handbook on Cyber Hate
dc.relation.ispartofseries	Law and Visual Jurisprudence
dc.relation.isbasedon	10.1007/978-3-031-51248-3_13
dc.rights	info:eu-repo/semantics/closedAccess
dc.title	Bringing Cyber Hate Under Control Through a Pro-active Legal Approach: An Australian Case Study
dc.type	Chapter
utslib.citation.volume	13
pubs.organisational-group	University of Technology Sydney
pubs.organisational-group	University of Technology Sydney/Faculty of Law
utslib.copyright.status	closed_access	*
pubs.consider-herdc	false
dc.date.updated	2024-11-11T21:28:10Z
pubs.place-of-publication	Swizterland
pubs.publication-status	Published
pubs.volume	13
dc.location	Swizterland

Abstract:

The new Australian legislation empowering the eSafety Commissioner has established a system with some good powers. So far, the eSafety Commissioner seems to have a good record of handling one-off, prominent cases, but not continuing, everyday harms suffered by vulnerable groups in particular. Overall, it appears that the problem is individuated and while the eSafety Commissioner is addressing large tech corporations and asking them to do better, they are not making enough use of their powers to seek penalties for the poor and inadequate actions on behalf of corporate actors. Law should create a positive legal duty for these corporations who make so much money from our online use to ensure a safe space for all uses. The corollary is product liability laws or workplace safety laws or consumer safety laws. The current regime in Australia focuses too much on individuals—both as perpetrators and victims—rather than seeing the bigger picture of how cyber hate is a collective harm. Tech companies have the technology, the capacity and the resources to manage and minimise this harm, and law should ensure that this happens.

Please use this identifier to cite or link to this item:

http://hdl.handle.net/10453/181842