How Australia’s social media ban threatens free expression

Read Index’s statement on why Australia’s ban on social media for under 16s is disproportionate

When Australia passed a world-first social media ban for teens, there was a display of national pride from the prime minister, and even the Sydney Harbour Bridge was lit up in the country’s national colours, green and gold, to celebrate the historic achievement.

The law, which came into effect on 10 December, requires 10 platforms to take “reasonable steps” to prevent under-16s from having accounts on their platforms, or risk fines of up to $49.5 million.

The Online Safety Amendment (Social Media Minimum Age) Bill 2024 had bipartisan support and sailed through Australian parliament last December. Seventy per cent of Australians are said to support it. 

Australia is being feted. The EU, Malaysia, and others are said to be watching, including the UK, although the culture secretary has expressed doubts over whether it could be enforced in the country.

But a barrage of human rights groups and others, including Index on Censorship, Amnesty International and Save the Children, have all criticised or opposed the ban.

Tom Sulston, head of policy at Australian charity Digital Rights Watch, told Index that they were broadly supportive of the idea that internet access is a human right. While the new law only restricts teens from accessing 10 specific sites – X, TikTok, Instagram, Snapchat, Threads, Facebook, YouTube, Reddit, Kick and Twitch – he said that the space these social media companies represent is enormous.

“They do occupy this space as the town square of digital society,” Sulston said. “So, is it proportionate to remove that right of access to a group of people in order to protect their safety, or under the guise of protecting their safety? We don’t think so.”

He added that there were alternative measures that many organisations were asking for, such as regulation and investment in digital literacy, which could have been put in place instead of an outright ban.

There is now an interesting legal conversation to be had about the ban, Sulston said. On 26 November, two 15-year-olds launched a legal challenge to the law, supported by rights group the Digital Freedom Project (DFP), in Australia’s High Court. They are arguing that all Australians have a constitutional implied right to freedom of political communication.

“Young people like me are the voters of tomorrow,” said one plaintiff Macy Neyland in a statement. “Why on earth should we be banned from expressing our views?” Neyland added that the situation was “like Orwell’s book Nineteen Eighty-Four”.

Noah Jones, who is also suing the government, told the media: “We’re disappointed in a lazy government that blanket-bans under-16s rather than investing in programmes to help kids be safe on social media. They should protect kids with safeguards, not silence.”

A direction hearing for the teens’ court challenge will be heard in February at the earliest.

Digital Freedom Project president John Ruddick, who is also a member of the New South Wales Legislative Council with the Libertarian Party, has branded the ban the world’s most draconian legislation. He said that it was “as Big Brother as you can get” and that “even the Chinese Communist Party would be drooling over this”.

Reddit was also reportedly looking at legal action, but has confirmed it will comply with the restrictions.

In submissions to Australia’s Senate Standing Committees on Environment and Communications last November, before it became law, the Australian Human Rights Commission said that it had “serious reservations” about the legislation. While it said that it understood the significance of protecting young people from online harm and the negative consequences of social media, the ban would affect some human rights outlined in international human rights treaties including the International Covenant on Civil and Political Rights and the UN Committee on the Rights of the Child.

These include the right to freedom of expression and information, and the freedom of association and peaceful assembly, as contained in both treaties.

Digital Rights Watch’s Sulston said that he was also worried about autocracies eyeing up the law. According to digital rights non-profit Access Now, 2024 was the worst year on record for internet shutdowns.

“Young people are not represented democratically, even in democratic societies. If you’re under the age to vote, then you get nothing,” Sulston said. “So being able to organise and develop political understanding and take political action online is really important for that cohort. You can see why it would be very attractive for authoritarian regimes to clamp down on that.”

But Sulston said that even though he considered the law a “disaster” and there was no evidence that it would improve children’s lives, it had already been showcased at the UN General Assembly and “deemed a great success”.

He said: “It’s really hard to see what a path to change looks like, because no matter how harmful it is, it seems we’re stuck with it.”

Read Index’s statement on why Australia’s ban on social media for under 16s is disproportionate

New Assange film hopes to spur action

As Julian Assange awaits the verdict of his final court appeal against his extradition to the USA, where he faces a maximum sentence of 175 years in prison under the Espionage Act for publishing classified information, those on the outside are determined not to give up the fight to free him.

The Trust Fall: Julian Assange – which will be released at cinemas this Friday – follows the Australian publisher and activist through his lifelong pursuit of truth. The film explores Assange’s life through archive footage and recollections of those who know him, focussing on his work on WikiLeaks and the years he has spent in isolation both in London’s Ecuadorian embassy and Belmarsh Prison. Director Kym Staton told Index that although his initial mission was to raise awareness of Assange’s plight through the documentary, the reception it has garnered during early screenings has made him optimistic that real weight can be added to the campaign for his freedom.

“We worked really hard to make something that was emotional and powerful and that would help people make sense of [Assange’s] situation. It’s going so well and getting such a great reception, fantastic ratings,” said Staton. “It’s given me a lot of hope that perhaps we can do more than we thought and it might even be a part of this battle to secure Assange’s freedom.”

In the documentary’s most harrowing scene, the infamous Collateral Murder video published by Assange on his WikiLeaks site is played out in full. The footage shows a helicopter attack by the US military in Iraq in 2007, in which 11 civilians, including two Reuters journalists, were shot and killed. Soldiers can be heard laughing in the background of the video as bullets rain down on those on the ground. It’s a difficult watch, but Staton says it was essential for the footage to be included in the documentary in order to drive home Assange’s motivations.

“It’s such a powerful video and there’s nothing else that has ever been seen like it. The impact of that footage is so great it just had to be part of the film,” he said. “To show it to people for the first time on the big screen is such a great opportunity.”

“To witness people’s reaction in cinemas, to look down the aisle and see people crying watching it, it just shows us that it was a good choice,” Staton continued. “I really feel that we can’t achieve change unless people feel something on a hard level. If they don’t feel upset or cry, they may not be compelled to do anything.”

The director also notes that although the Iraq War Logs, of which the Collateral Murder video is part, is the basis of the case against Assange, the US government failed to include this particular video in their indictment, which Staton says is due to it being ”embarrassing” for the state. 

The documentary drives home the importance of Assange’s case, which will have huge implications for the future of journalism. One particular concern for Staton is that these charges are being levelled at a journalist for his work in a country purporting to have a free press, which is indicative of the way in which western states tend to fly under the radar when it comes to eroding media freedom due to their reputation for liberal democracy.

“World leaders in the west – in America, Australia, the UK and other countries – they love to give these gallant speeches about free speech and about protecting journalists while on the other hand they’re bringing in all kinds of scary laws,” he said. 

“It’s not so much about hate speech, it’s about clamping down on the dissemination of truth.”

The director also said the mere existence of Assange’s case was setting a “shocking and scary” precedent.

“To have an Australian journalist charged under a US law for journalistic work is just a huge injustice, a huge travesty. It’s absolutely obscene,” he said. “If things worsen and he’s put on trial in America and tortured over there, goodness knows what’s in the future for everybody. How are we ever going to have access to truthful information?”

Assange is yet to learn his fate following his appeal, but most routes to freedom have already been exhausted. Because of this, Staton said it was more important than ever to spread awareness about his cause. The director said the film only spent three months in the festival circuit as he wanted to make sure the documentary could be seen by more people as soon as it was ready. 

“It just would’ve taken too long and it just wasn’t appropriate when we had a largely crowd-funded documentary to slow down the process to win awards,” he explained.

He is also conscious of the desperation of Assange’s situation on a personal level. During the production stage, Staton read Nils Melzer’s book The Trial of Julian Assange, which included some shocking details that are recreated in the documentary using animation. 

“During a prison cell search they discovered [Assange] had hidden a razor blade in his cell so that if he was extradited he could take control of the situation and take his own life. When I read that I was floored. I put the book down and I just sat there,” he said.

Such details humanise the story of Assange, who can often be overlooked due to the wider importance of his case. The documentary shows that not only does this case matter due to the implications it has on the future of media freedom, but that Assange is a real person who has been imprisoned for journalistic work. He deserves to be freed.

The Trust Fall: Julian Assange is released in UK cinemas on 15 March 

Why a manipulated image of a politician is the tip of the AI-ceberg

In an era dominated by the instantaneous dissemination of information, the role of all forms of media, traditional and social, in shaping public perception is unparalleled. However, as we navigate this digital age, an unsettling trend has emerged – the manipulation of images by media outlets. You would think this was best left to tyrants and propagandists – yes, I am thinking of Stalin.

This move marks an ominous threat to freedom of expression not just because it’s clearly wrong but also even small instances can undermine our collective faith in the veracity of mainstream media. The very essence of truth when trusted sources, such as print media, engage in the doctoring of visual content undermines the integrity of our news. In an age where authenticity is paramount, the subtle yet powerful influence of manipulated images not only distorts reality but also raises questions about the integrity of journalism.

Social media, with its rapid circulation of information and the immediacy of user-generated content, can become a breeding ground for false information and manipulated images. The allure of likes, shares, and engagement metrics has driven a disturbing trend where sensationalism seems to take precedence over accuracy.

As traditional media outlets grapple with the evolving landscape, there’s a cautionary tale to be heeded. While the pressure to maintain relevance in a digitally driven world is real, traditional media must resist the temptation to follow the path paved by social media in the pursuit of engagement. Upholding journalistic standards and commitment to truth is more crucial than ever. In the face of a misinformation and disinformation epidemic, it is imperative for established media to serve as a beacon of reliability, separating fact from fiction and reaffirming their role as guardians of an informed and discerning public.

The recent controversy surrounding Australian news channel Nine, which came under intense scrutiny for doctoring an image of Georgie Purcell, a Victoria state MP, by enlarging her breasts and exposing her midriff, is a glaring example of the dangers of traditional media chasing clickbait rather than focusing on substance. The Nine network apologised for the incident and claims the manipulation of the image happened inadvertently while using Photoshop through an AI automation and involved no human intervention, a claim which Purcell did not believe.

Adobe, the maker of the Photoshop software, has also added to the controversy by saying such a change would require the involvement of a human operator.

If so, this appalling act not only objectifies and demeans her but also highlights a disconcerting trend where journalistic integrity is sacrificed for sensationalism. Such actions not only perpetuate harmful stereotypes but also set a dangerous precedent, undermining the principles of a free, fair and honest press. As a society, we must reflect on the implications of such practices, recognising that the distortion of images in the media not only infringes upon the dignity of individuals but also poses a severe threat to the very foundations of truth and freedom of expression that responsible journalism seeks to uphold.

The controversy should prompt a broader conversation about the increasing reliance on technology within news outlets and the impact it may have on trusted news outlets. The incident serves as a stark reminder that while automation can streamline processes, its unchecked application in the realm of journalism poses serious ethical concerns. As media organisations integrate advanced technologies, there must be a concerted effort to ensure that the human touch, critical thinking, and ethical considerations remain at the forefront. The episode with Nine News underscores the importance of maintaining a balance between technological advancements and the principles that underpin responsible journalism—lest we risk compromising the very essence of truth, integrity, and freedom of expression that society relies upon for a well-informed and democratic discourse.

Major new global free expression index sees UK ranking stumble across academic, digital and media freedom

A major new global ranking index tracking the state of free expression published today (Wednesday, 25 January) by Index on Censorship sees the UK ranked as only “partially open” in every key area measured.

In the overall rankings, the UK fell below countries including Australia, Israel, Costa Rica, Chile, Jamaica and Japan. European neighbours such as Austria, Belgium, France, Germany and Denmark also all rank higher than the UK.

The Index Index, developed by Index on Censorship and experts in machine learning and journalism at Liverpool John Moores University (LJMU), uses innovative machine learning techniques to map the free expression landscape across the globe, giving a country-by-country view of the state of free expression across academic, digital and media/press freedoms.

Key findings include:

  • The countries with the highest ranking (“open”) on the overall Index are clustered around western Europe and Australasia – Australia, Austria, Belgium, Costa Rica, Denmark, Estonia, Finland, Germany, Ireland, Latvia, Lithuania, Netherlands, New Zealand, Norway, Portugal, Sweden and Switzerland.

  • The UK and USA join countries such as Botswana, Czechia, Greece, Moldova, Panama, Romania, South Africa and Tunisia ranked as “partially open”.

  • The poorest performing countries across all metrics, ranked as “closed”, are Bahrain, Belarus, Burma/Myanmar, China, Cuba, Equatorial Guinea, Eritrea, Eswatini, Laos, Nicaragua, North Korea, Saudi Arabia, South Sudan, Syria, Turkmenistan, United Arab Emirates and Yemen.

  • Countries such as China, Russia, Saudi Arabia and United Arab Emirates performed poorly in the Index Index but are embedded in key international mechanisms including G20 and the UN Security Council.

Ruth Anderson, Index on Censorship CEO, said:

“The launch of the new Index Index is a landmark moment in how we track freedom of expression in key areas across the world. Index on Censorship and the team at Liverpool John Moores University have developed a rankings system that provides a unique insight into the freedom of expression landscape in every country for which data is available.

“The findings of the pilot project are illuminating, surprising and concerning in equal measure. The United Kingdom ranking may well raise some eyebrows, though is not entirely unexpected. Index on Censorship’s recent work on issues as diverse as Chinese Communist Party influence in the art world through to the chilling effect of the UK Government’s Online Safety Bill all point to backward steps for a country that has long viewed itself as a bastion of freedom of expression.

“On a global scale, the Index Index shines a light once again on those countries such as China, Russia, Saudi Arabia and United Arab Emirates with considerable influence on international bodies and mechanisms – but with barely any protections for freedom of expression across the digital, academic and media spheres.”

Nik Williams, Index on Censorship policy and campaigns officer, said:

“With global threats to free expression growing, developing an accurate country-by-country view of threats to academic, digital and media freedom is the first necessary step towards identifying what needs to change. With gaps in current data sets, it is hoped that future ‘Index Index’ rankings will have further country-level data that can be verified and shared with partners and policy-makers.

“As the ‘Index Index’ grows and develops beyond this pilot year, it will not only map threats to free expression but also where we need to focus our efforts to ensure that academics, artists, writers, journalists, campaigners and civil society do not suffer in silence.”

Steve Harrison, LJMU senior lecturer in journalism, said: 

“Journalists need credible and authoritative sources of information to counter the glut of dis-information and downright untruths which we’re being bombarded with these days. The Index Index is one such source, and LJMU is proud to have played our part in developing it.

“We hope it becomes a useful tool for journalists investigating censorship, as well as a learning resource for students. Journalism has been defined as providing information someone, somewhere wants suppressed – the Index Index goes some way to living up to that definition.”

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