Type : Focus Paper

The Federal Government announced that it had established a protocol targeting online anti-social behaviour such as cyber-bullying and "trolling".

The protocol, entitled the "The Cooperative Arrangement for Complaints Handling on Social Networking Sites", is largely directed at the major social networking sites, with Facebook, Google, Microsoft and Yahoo! all agreeing to participate. As yet, Twitter has yet to commit to the arrangement, although the Government has indicated that the parties are in discussions and has placed public pressure on Twitter to embrace the protocol, singling it out as a popular medium for such behaviour.

The protocol establishes a broad set of guidelines to be implemented by social networking sites, including:

  • establishing acceptable use policies which clearly define inappropriate behaviour and set out the consequences of breaching such policies;
  • introducing mechanisms which facilitate the reporting of inappropriate behaviour.
  • the implementation of review processes for handling complaints, including sanctions for noncompliance with acceptable use policies (i.e. removal of content and suspension/closure of accounts)
  • ensuring the timely removal of child abuse material;
  • the establishment a Government "contact person" with whom the Government can discuss any appropriate issues;
  • providing the knowledge and guidance that will enable users to navigate the site safely;
  • supporting the Government on any cyber-safety or relevant initiatives as well as contributing to or collaborating with them;
  • striving to provide and promote useful user safety services; and
  • attending biannual meetings with government officials to discuss emerging issues and trends.

Notably, it is the social networking sites who are charged with designing policies and procedures which give effect to the protocol. Moreover, the protocol is non-binding, is intended to supplement existing policies which address these issues, and is self-monitored by social networking sites.

In light of the above, it will be interesting to observe how the social networking sites develop such policies given the freedom afforded to them, in particular the sanctions which they choose to impose for policy breaches. In the case of several of the guidelines, the sites already have measures in place and may rely on those without further change. The Government has also indicated that it intends to liaise with social networking sites to develop the protocol further.

The Federal Government's announcement follows the earlier proposal to prohibit information being posted to social media sites from inside New South Wales' courtrooms. Both initiatives raise monitoring and compliance costs for social networking sites and may increase their exposure to legal claims from people affected by material published on their sites.

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