Child protection campaigners Bravehearts say the rights of victims must be protected in a plan to give federal law enforcement agencies legal protections to possess and share child sexual abuse material to target criminals online.
New laws being considered by parliament will ensure Australian federal police and officers from the Australian Criminal Intelligence Commission are protected from criminal and civil responsibility to do their work fighting child abuse syndicates, often operating in dark corners of the internet.
Bravehearts supports the plan, arguing law enforcement needs to act decisively to protect children and dismantle harmful networks.
Carol Ronken, the organisation’s head of research, said controlled and legally sanctioned use of child abuse material was a critical tool for protecting children and holding perpetrators accountable.
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But she said research conducted with Monash University’s AI lab for law enforcement and community safety found that for many survivors, sanctioned use of abuse material “can feel like the abuse is happening all over again” where consent, transparency or proper safeguards are missing.
“We found that some survivors want to be informed if material containing images of them were being used, and that it is important that there be safe, flexible pathways to ensure that survivors’ agency and choice be protected in the use of their images,” Ronken said.
Parliament’s joint committee on intelligence and security this week signed off on the plan, set to be legislated through changes to telecommunications laws.
Officers would have protections for accessing, possessing, modifying and transmitting the illegal material, including photos and video, text and audio.
Among scenarios considered under the new laws are instances where officers could be required to administer or moderate online forums to infiltrate syndicates, building rapport or garnering trust with real world offenders.
Greens justice spokesperson David Shoebridge said the plan warrants more scrutiny, including through a planned review of intelligence laws by the Independent National Security Legislation Monitor.
“Labor are hiding a large expansion of surveillance powers behind child protection but these powers will apply broadly, not just to the narrow class of matters they are telling the public about,” he said.
“The independent monitor just called for stronger safeguards on these kinds of powers. Instead of listening, the government is expanding them further without any new protections.
“What’s the point of oversight if you ignore it?”
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The Internet Association of Australia, representing small to medium-sized internet service providers, disputed suggestions from the federal government that the legislation included only minor changes.
“While we – in principle – support the legislative intent of clarifying the threshold for authorising controlled operations, we are of the view that such changes should not be made without further analysis and review via robust public consultation processes,” the group told a review.
The shadow attorney-general, Julian Leeser, said the Coalition would consider the bill.
“Let me be very clear: people who engage in child sexual exploitation should do serious time. That’s the key point,” he said.
This week, a NSW police officer was charged with possessing child abuse and bestiality material, an unauthorised firearm and intentionally publishing protected information.
In parliament, the opposition leader, Sussan Ley, called for mandatory minimum jail terms for child exploitation offences, challenging Labor over the case of a Victorian parent who was given a four-year and nine-month jail term after sexually abusing their five-year-old daughter and producing child abuse material.
