Prime Minister’s Exemption – Attorney-General’s Department
On 28 November 2021, the Prime Minister announced the Government will introduce legislation to force global social media giants to unmask anonymous online trolls and better protect Australians online.
The proposed measures will address the harm of defamatory comments made in Australia by individuals on social media platforms and address the legal implications of the High Court’s decision in Fairfax Media Publications v Voller [2021] HCA 27. The measures aim to:
- ensure that people who maintain social media pages are not considered to be ‘publishers’ of third-party comments posted on their page for the purpose of defamation proceedings
- support people who are the subject of defamatory comments to identify the originator of the comments, and
- where the originator cannot be identified—hold the social media platform liable as a publisher for the purpose of defamation proceedings.
The Prime Minister granted an exemption from the need to complete a Regulation Impact Statement due to truly urgent and unforeseen circumstances requiring a decision before an adequate regulatory impact assessment could be undertaken. A post-implementation review must be completed by the Attorney‑General’s Department within two years of implementation, consistent with the Australian Government’s Regulatory Impact Analysis requirements.