New bullying watchdog takes nanny state too far

Two weeks ago a new bill was passed into law that gives a government bureaucrat the power to force children to apologise to one another.

The new powers are part of an attempt by the Abbott government to tackle the very real problem of cyber-bullying.  But the idea that it is the role of government to compel a child to say "I'm sorry" to another child is one of the most disturbing ideas this parliament has debated.

The extraordinary powers of the Children's e-Safety Commissioner are the latest example of the role that the state has acquired for itself in matters that rightly belong in the realm of civil society.  In the case of the new cyber-bullying regulator, the state has inserted itself into the relationships between children and between parent and child.

At the heart of the cyber-bullying regime is a power to censor social media content that is "seriously threatening, seriously intimidating, seriously harassing or seriously humiliating" of an Australian child.  These vague terms allow for subjective interpretations and the chequered application of the law.

Part 3 of the act outlines the complaints procedure, during which an investigation can take place.  In conducting an investigation, the Children's e-Safety Commissioner can compel the production of documents and conduct oral examinations.  Such powers remove the right to silence.

Part 4 contains the primary censorship power.  Under this part, if a complaint is made out the commissioner may order the removal of the offending content from the social media service.  Freedom of speech is as important for children as it is for adults and this new regime is an attack on that fundamental civil liberty.

Section 42 of the Enhancing Online Safety for Children Act 2015 is incredibly dangerous.  The new commissioner can serve a notice requiring that the offender "apologise to the child ... for posting the material;  and do so in the manner, and within the period, specified in the notice".

Parents tell children to say sorry.  Teachers tell children to say sorry.  But a government acquiring this role for itself moves down a path where children are becoming wards of the state.  This is the velvet gloved hand of the state manipulating parents and children who — so the argument goes — would be helpless without government intervention.

This is utter nonsense.  Cyber-bullying is already being dealt with by parents, teachers, principals and schools, in conjunction with software companies and NGOs.  The vast majority of primary and secondary schools have developed detailed codes of conduct and practices to combat cyber-bullying.  The Catholic Education Office Sydney, for instance, has a detailed anti-bullying policy which is implemented in Catholic schools across NSW.  And the best thing about the approach being taken by schools is that cyber-bullying is being tackled within the framework of a broader focus on bullying in its totality.

I released a report into cyber-bullying entitled "A social problem, not a technological problem".  My research found that cyber-bullying is a subset of bullying, and that children who are cyber-bullied are also the victims of traditional forms of bullying.

The new Children's e-Safety Commissioner will undermine the vital bonds of the family and restrict the free speech of children.  Bullying is a significant problem deserving of a serious response.  But that response should come from parents, children and teachers, not a government bureaucrat.