Victoria proposes new social media 'demasking' powers for vilification cases

Victoria, Australia, is set to introduce groundbreaking legislation that could compel social media companies to reveal the identities of anonymous users accused of online vilification. Premier Jacinta Allan announced the proposed reforms, emphasizing the need for enhanced online protections for children.

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Social media and AI companies design their platforms to be addictive, and our kids are paying the price.

The new laws would grant the Victorian Civil and Administrative Tribunal (VCAT) "demasking" powers. This would allow the tribunal to order platforms to disclose account holder information in cases of vilification. These reforms represent the first of their kind for an Australian state. Additionally, the government plans to reduce the legal burden for families seeking to sue social media and artificial intelligence platforms for negligence that results in psychiatric harm to children.

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If a platform hurts a child, families should be able to take that company to court.

Currently, proving a child has suffered a permanent impairment of at least 10% is required before pursuing damages. The proposed changes would eliminate this threshold for lawsuits on behalf of minors, with further considerations for adult victims. Marilyn Bromberg, an associate professor of law at the University of Western Australia specializing in social media regulation, called the reforms a "brave start" but argued they do not go far enough.

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It’s a brave start, but I don’t think it goes far enough.

Bromberg suggested that the "demasking" powers, which have shown success in discouraging harmful behavior in other jurisdictions, should be extended to address defamation and cyberbullying. She also welcomed the move to simplify negligence claims, citing substantiated research on the harms social media can inflict on young people. While acknowledging Australia's existing strong protections, such as minimum age requirements, Bromberg noted that these new measures would build upon them. The reforms are slated for development after consultations with VCAT, courts, and other stakeholders.

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So-called “demasking” powers in some overseas jurisdictions had been shown to discourage harmful behaviours in some cases. There is no reason the reforms should not be extended to other forms of online behaviours, including defamation and cyberbullying.