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Victoria Eyes Anonymous Troll Crackdown

Tech VCAT rules

In short:

Victoria is proposing new laws that would allow VCAT to order social media companies to identify anonymous users accused of online vilification and lower legal barriers for some claims against social media and AI platforms. The reforms will undergo consultation before any legislation is introduced to Parliament.

Expanded Powers Proposed to Combat Trolls

The Victorian Government has announced plans to introduce new laws aimed at tackling anonymous online vilification and making it easier for families to take legal action against social media and artificial intelligence companies.

The proposed reforms, announced ahead of the November state election, would need to be introduced and passed through Parliament before becoming law.

Under the first proposal, the Victorian Civil and Administrative Tribunal (VCAT) would be given the power to issue “demasking orders”. These orders would require social media companies to reveal the identity of anonymous users accused of online vilification.

The government says the change is intended to make it easier for people targeted by anonymous abuse to pursue legal action or seek other remedies.

A second proposed reform would lower the legal threshold for families seeking to sue social media or AI companies over alleged psychiatric harm suffered by children.

Currently, families pursuing negligence claims must demonstrate the child has sustained a permanent impairment of at least 10 per cent before the matter can proceed through the courts.

Under the proposal, that threshold would be removed for claims brought on behalf of minors against social media and AI providers, making it easier for cases to proceed.

The government said the proposal follows overseas court decisions that have found some platforms liable for designing addictive features targeted at children.

It will also consider during the drafting process whether the changes should be expanded to cover adults.

Both reforms are expected to undergo targeted consultation with VCAT, the courts and other stakeholders before legislation is prepared.

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