Big tech faces $100m fines under new social media laws

0:00The Federal Government is moving ahead with new laws designed to protect Australians from online harms and give them greater control over algorithms, with large fines on the table for big tech companies who don't comply. Cyber Safety experts Susan McLean joins me this afternoon. Susan, thanks for your time. These proposed laws do you think they are going to work? The Government keeps talking about my feed, my way, opting out of addictive algorithms. The algorithm issue is significant and I think it's one of the main drivers of harm that we see with what young people are exposed to the content that they've fed whether they want it or not. My concern is with the way that the Government has handled this, is that they've not given any detail. They said they're going to do it, but they'll sort of work it out as they go. And this was the problem with the social media ban laws.

1:01Is it they've tried to retrofit and plug the holes rather than bring in really clear, strong legislation from the start? It's needed, but it needs to be done well. Well, legislation is already underway. Are they moving too quickly? I think that was one of the issues with the social media ban. They didn't take enough time to get it right. The first time and now they've had to go, well, we need to add this here and we'll add this here and we need to change the definition there because we didn't think about it at the start. So I think that they need to not race ahead. This is a really good piece of legislation if it's done well. And it will actually make far more of a difference than what we have already. My other only concern is it's opt out. So how are you going to make sure that people do opt out? What if they still don't and the content is still fed to them? So we're not dealing with the problematic content that still may be on the platforms.

2:02Yeah, and how confusing it might be within those apps to actually opt out. The platforms, they say, would be subject to $100 million fines for breaches. Do you think that is a deterrent? Because these are the biggest companies in the world. They are. And most of them will have a chest of money that they have aside for fines. What's to stop the platform paying a fine and not changing? That would be my concern. So they get fine. That's great. They pay the fine. But the business practice doesn't change. When you think about the fact that to matter, have just agreed to pay in excess of several billion dollars in relation to the matter in the States, I don't think a few million dollars in fines is really going to dent their backline or really cause them to want to do better. What they need to do, I think this is what Canada was suggesting, is that they need to link the fines to a percentage of profit generated in the country.

3:05And that may make an impact. Okay, this is a political issue. Susan, the federal opposition says the laws are a danger to free speech. Do you think that is true? No. And I think we don't have the right to free speech. We don't have it in the constitution like America does. And I think that you know, you can have an opinion and you can say what you like. But when that tips over into harm, illegal, and other content, well then you've lost the right to pedal it. And I think we do need protections in place, particularly for young people who don't have life experiences and skills to be able to go, well you know what, this is not okay, this is not right, this is not normal. And they can make those just concerning judgments. Young people can't do that yet. So we do need to be able to protect them. And I think that being in control of your feed is important. Now, the proof of it in the pudding, it will be in the detail of the legislation, how easy it is to use.

4:06And what is going to happen if someone chooses not to opt out? Yeah. And what happens to them? What protections are in place for them? Indeed. It is a big issue. It's not going away. Susan McClain, thanks for joining us this afternoon. My pleasure.