Imposing Liability on Online Intermediaries for Violent User-Generated Content: An Australian Perspective

The Australian 2019 Criminal Code Amendment (Sharing of Abhorrent Violent Material) Act requires online intermediaries, including social media services and digital platform providers, to take steps to remove abhorrent violent material that is accessible in Australia. While the Act represents a significant landmark in internet governance, it is questionable whether it appropriately aligns the need to remove violent material with the need to support legitimate socially-beneficial online speech. In this context, this paper critically analyzes the operation of the Act, considering whether and to what extent compliance with the Act may lead to the over-removal of socially-beneficial and lawful speech on social media. Beyond Australian law, this paper considers the broader discourse of international law in this important and evolving area of law.