Lawyer Greg Walsh says current Australian laws are inadequate in prosecuting perpetrators of online offences such as cyber bullying.
“In my practical experience I don't think the laws are adequate,” he tells Insight.
“What happens in practice is that our police officers, both at federal level and state level, don't have the practical commitment to perceive these offences as seriously as they actually are with the potential to harm individuals, which they do.”
Walsh has represented families affected by cyber bullying and trolling. He wants tougher laws to crack down on trolls and believes online anonymity shouldn't be allowed.
“I've been in cases where tragically young boys and girls have been trolled in the most despicable way – they've taken their own lives,” he says.
“We need a greater degree of resources and commitment into detecting these crimes. We do it with child pornography and there's no one in Australia who would ever criticise those laws.
“We've really got to have a very important review of the laws in Australia.”
Information activist Asher Wolf disagrees. She says pre-existing criminal laws are enough to prosecute people who behave in an offensive manner online. She believes online anonymity is crucial for freedom of speech.
“People should have the right to say what they feel,” Wolf tells Insight. “Quite often people use anonymity to whistle blow. We need anonymity for people to be able to bring justice.”
'GREIFING' NEEDS TO BE DISTINGUISHED
Dr Andre Oboler from the Online Hate Prevention Institute, publisher of the report, says that “greifing” is a particular form of trolling that needs to be distinguished.
“Greifers” are individuals who use Facebook through anonymous accounts for the explicit purpose of destroying people's online experience,” Dr Oboler said.
“Trolling can serve a moral purpose, greifing does not. There is no free speech element to greifing,” Dr Oboler said.
Asher Wolf says there is some “great trolling out there” and that greifers are morally repugnant.
“I don't believe that trolling is the same as bullying or griefers,” she said.
The report also asks the Classification Board to make better use of its discretion, outlining how serious racism falls within the category of "adult themes", requiring a minimum M15+ rating to would stop those under 15 years of age viewing content of that nature.
The report points directly to Facebook to take responsibility for the adhering to local laws and calls for a civil penalty regime to make social media companies share the cost associated with the problems associated with the technology.
“They take money from advertisers in Australia and they send adverts that are targeted at Australians... they must be accountable to Australia and must operate regarding Australia within societal normal,” he said.
Tonight, Insight discusses the impacts of trolling and hears from trolls themselves. Tune in at 8:30pm on SBS One.
Watch Stephen Deguara's story below
