Bill

Criminal Code Amendment (Sharing of Abhorrent Violent Material) Bill 2019

passed, as at 2019-04-05. Attorney-General portfolio.

Sponsor

Not recorded

Portfolio

Attorney-General

Recorded stages

• introduced — 2019-04-03

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• second reading — 2019-04-03

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• third reading — 2019-04-03

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• introduced — 2019-04-04

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• second reading — 2019-04-04

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• second reading — 2019-04-04

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• second reading — 2019-04-04

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• third reading — 2019-04-04

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• passed — 2019-04-04

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• royal assent — 2019-04-05

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Divisions

• The majority voted against a [motion](https://www.openaustralia.org.au/debates/?id=2019-04-04.15.1) that would have amended the usual [second reading](https://www.peo.gov.au/learning/fact-sheets/making-a-law.html) motion: *That the majority agree with the bill's main idea.* Or, in parliamentary jargon, "*That this bill be now read a second time.*" ### Motion text > *That all words after "That" be omitted with a view to substituting the following words:* > *"whilst not declining to give the bill a second reading, the House refers the bill to the [Parliamentary Joint Committee on Intelligence and Security](https://www.aph.gov.au/Parliamentary_Business/Committees/Joint/Intelligence_and_Security) for inquiry and report no later than 1 August 2019".* ### What does the bill do? The [explanatory memorandum](https://parlinfo.aph.gov.au/parlInfo/search/display/display.w3p;query=Id:legislation/billhome/display.w3p;query=Id%3A%22legislation%2Fems%2Fs1201_ems_08b22f92-a323-4512-bf31-bc55aab31a81%22;rec=0) explained that: > *The Christchurch terrorist attack on 15 March 2019 demonstrated the potential for live streaming and other video sharing platforms to be abused by extremist perpetrators to amplify their messages in the immediate aftermath of these incidents. In that case, the perpetrator streamed the attack in real-time. The video was then widely re-shared across a number of social media platforms.* > > *The Criminal Code Amendment (Sharing of Abhorrent Violent Material) Bill 2019 (Bill) will address significant gaps in Australia’s current criminal laws by ensuring that persons who are internet service providers, or who provide content or hosting services, take timely action in relation to abhorrent violent material that can be accessed using their services. This will ensure that online platforms cannot be exploited and weaponised by perpetrators of violence.* — 2019-04-04, House of Representatives: negative, ayes 6, noes 110

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Plain-language summary

Written by a model from the explanatory memorandum; not the record, as at 2019-04-03.

The bill would create new criminal offences for internet, content and hosting services that fail to act quickly to remove or stop hosting abhorrent violent material accessible in Australia.

Service providers who become aware of such material would have to refer details to the Australian Federal Police within a reasonable time, and content or hosting services would also have to remove or stop hosting the material.

The eSafety Commissioner could issue a notice to a content or hosting service stating that abhorrent violent material was accessible or hosted on its service at the time of the notice.

• Introduces Commonwealth offences for failing to refer abhorrent violent material to the AFP within a reasonable time.
• Introduces Commonwealth offences for failing to remove or cease hosting abhorrent violent material accessible in Australia.
• Gives the eSafety Commissioner power to issue a notice to a content or hosting service about abhorrent violent material.

Internet service providers, content service providers and hosting service providers.

Sources

em

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billhome

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frl act

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