Social Media Anti-Trolling

Senator VAN: Thank you kindly, Chair. This is maybe to Ms Jones or Mr Johnson—I'm not sure which—or to Ms Harvey. I shouldn't prejudge. I understand that there is research from the University of Technology Sydney from 2017 showing that most defamation matters are brought by everyday Australians. Are you aware of that research, or is that roughly right?

Mr Johnson: Yes, I am aware of that. The study you're referring to is, as you say, from 2017. It looked at the period from 2013 to 2017 and found that only 21 per cent of defamation claims during that period were commenced by people who could be characterised as public figures, which means that—sorry about my maths— 79 per cent would be brought by other people.

Senator VAN: And would it be a reasonable guess or assumption that trolling has only increased since 2017—in the past five years—just with the volume?

Mr Johnson: There are a couple of aspects to that question. As the Attorney mentioned, the term 'trolling' is a general term—a colloquial term, if you will. It covers many different types of online harm and poor behaviour, and there are many measures of government that address the different aspects. The eSafety Commissioner has responsibilities of a wide range in that space and there are statistics to show that it's generally increasing over time. Some of that is because measures have been put in place to address it—previously, there was no avenue to bring a complaint, for example. There is also evidence that defamation, specifically, is increasing, or that claims being brought are increasing. I have some statistics here about Federal Court filings on defamatory matters.

Senator VAN: Can you tell us about those? Mr Johnson: Certainly. This is the total for Australia—I have the breakdown by state as well. Commencing in 2016, we had six; there were 26 in 2017; in 2018 there were 32; in 2019 there were 51; in 2020 there were 67; and in 2021—unfortunately, my statistics end on 26 November—there were 58, so a small drop, but that's not for the entire year. Senator VAN: Sure.

Mr Johnson: That shows a general increase in defamation filings. That's not limited to online—there could be statements in the media or newspapers—but it does include online as part of it. In addition to the e-safety statistics, this shows that, generally speaking, there's an increase in online harms being reported. That five- or sixyear period shows that filings in the Federal Court jurisdiction, at least, have had an increase in defamation matters over time.

Senator VAN: Until this set of estimates, I also sat on the Environment and Communications Committee and I've heard much of that evidence from the eSafety Commissioner. One of the key points of evidence that she has also raised in estimates and elsewhere is that 70 per cent of online harm is against women and girls—females in general. Would you suggest that these laws also have the effect of helping protect women?

Mr Johnson: This bill in particular—the Social Media (Anti-Trolling) Bill—aims to protect all Australians, and, definitely, to the extent where segments of the Australian population are particularly vulnerable to defamatory attacks online, this bill will be particularly helpful to those individuals.

Senator VAN: It's fair to say that it's a bill which is designed to protect Australians from online harm.

Mr Johnson: One particular version of online harm; that is absolutely its intent.

Senator VAN: Thank you