The Victorian government has announced plans to introduce what it says are some of Australia's toughest laws, aimed at holding social media and artificial intelligence companies accountable for the harm their platforms can cause.
According to Premier Jacinta Allan, the proposed reforms will make it easier for families to sue social media and AI companies if a child experiences psychiatric harm linked to their platforms. The proposed reforms would make it easier for families to sue platforms over harm caused to children, while also giving victims of online vilification a legal pathway to identify anonymous users.
If passed, the reforms would position Victoria at the forefront of Australia's growing push to regulate social media and AI companies, following the federal government's social media ban for under-16s and increasing scrutiny over the role digital platforms play in young people's mental health.
Here's what you need to know.
It will mean families can more easily sue social media companies
Currently, Victorian families wanting to pursue legal action against a social media or AI company for psychiatric harm must first prove the child has suffered a permanent impairment of at least 10 per cent before the case can proceed.
Under Labor's proposal, this threshold would be removed for claims involving children.
The Victorian Government argues the existing requirement creates an unnecessary barrier for families seeking accountability when children experience serious psychological harm linked to social media or AI platforms.
Premier Jacinta Allan said social media and AI companies had designed platforms to be addictive, with children bearing the consequences.
"If a platform hurts a child, families should be able to take that company to court," she said.
The government said it will also consider whether the changes should eventually extend to adults as the legislation is developed.
Anonymous online trolls could be identified
The second major reform targets online vilification. In practice, the Victorian Civil and Administrative Tribunal (VCAT) would receive new powers to issue a "demasking order", requiring social media companies to reveal the identity of anonymous users accused of vilifying another person online.
The proposal is intended to give victims of online abuse a pathway to identify who is behind anonymous accounts, rather than allowing perpetrators to remain hidden behind usernames.
Attorney-General Sonya Kilkenny said the changes would help victims "find out who's really behind the keyboard."
What about the rest of Australia?
The proposed laws would apply only in Victoria. However, they form part of a broader shift towards stronger regulation of digital platforms in Australia, following the federal government's social media ban for under-16s and the expansion of the eSafety Commissioner's powers to tackle online abuse and harmful content.
If the Victorian legislation passes, it could influence similar reforms elsewhere in Australia, particularly as governments continue to examine the role digital platforms play in young people's mental health and online safety.
