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The Institute of Public Affairs has written a letter to federal MPs calling for the Online Safety Act 2021 to be “abolished and redrafted”.
The Institute of Public Affairs (IPA), a conservative policy think tank, has called for the abolition of the Online Safety Act and warned of the power of “unelected bureaucrats” when it comes to censoring public debate.
The IPA has announced it has sent letters to federal MPs outlining what it calls flaws in the Online Safety Act and, in particular, calling out the eSafety Commissioner for operating without proper democratic oversight.
“Julie Inman Grant has become a law unto herself and is wielding the immense power of her office, with no meaningful democratic oversight, in order to silence online debate and opinion with which she disagrees,” John Storey, director of law and policy at the Institute of Public Affairs, said in a statement.
“The behaviour of the eSafety Commissioner has highlighted why Australia’s ineffective and dangerous internet censorship regime must be overhauled.
“All Australians have the right to freedom of speech online. Governments and activist bureaucrats must never be given a platform to launch personal political vendettas.”
Storey also noted that the current litigation between the commissioner and social media platform X, regarding media portraying a violent stabbing at a Sydney church, is a particular point of concern.
“The current litigation has done nothing more than draw attention to this incident, and the footage concerned both here and abroad. But worse, it has demonstrated how the rights of mainstream Australians to speak their mind and share information can be stifled on the whims of a single, unelected bureaucrat,” Storey said.
The IPA letter calls for the “overly broad powers” of the Online Safety Act to be redrafted based on three principles – that there is a presumption of free speech when it comes to online regulations and that protecting children should be the act’s main focus.
The IPA labelled Inman Grant (pictured) a “global free speech threat” in its media release.
The proposed federal misinformation and disinformation bill has also drawn the think tank’s ire, with the IPA calling for it to be abolished alongside the Online Safety Act.
In a separate statement published on the IPA’s website regarding eSafety’s fight against X and Elon Musk, and originally published in The Spectator Australia, Storey calls out “cancel culture” as “an insidious phenomenon that blights the modern West”.
When asked for comment on the IPA's claims that the eSafety Commissioner operates without oversight, an eSafety spokesperson told Cyber Daily that "the Commissioner is required to appear before Senate Estimates and provide regular corporate updates and annual reports."
"Under the Act, decisions made by the eSafety Commissioner may be subject to internal review and/or review by the Administrative Appeals Tribunal," the spokesperson added.
"Applications for judicial review of decisions may also be made and complaints may also be made to the Commonwealth Ombudsman."
Regarding the IPA's alleged concern over freedom of speech, the spokesperson observed that the Online Safety Act was passed by parliament in 2021, when the Liberal National Party was in power. The act itself notes that "this Act does not apply to the extent (if any) that it would infringe any constitutional doctrine of implied freedom of political communication".
"The Australian Government has brought forward its review of the Online Safety Act. Interested individuals, civil society groups and industry members are encouraged to share their views as part of the review process," the spokesperson said.
UPDATE 23/05/24 to add comment from eSafety.
David Hollingworth has been writing about technology for over 20 years, and has worked for a range of print and online titles in his career. He is enjoying getting to grips with cyber security, especially when it lets him talk about Lego.
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