Privacy laws

Government introduces anti-doxxing legislation

The Executive Council of Australian Jewry led a push for the government to introduce the laws

Attorney-General Mark Dreyfus. Photo: Screenshot
Attorney-General Mark Dreyfus. Photo: Screenshot

People who maliciously use someone’s personal data could be imprisoned for up to seven years under new legislation introduced by the government today to ban doxxing.

It follows the personal data of more than 600 Jewish creatives being shared online by ostensibly pro-Palestinian activists in February this year. In response to that incident, the Executive Council of Australian Jewry (ECAJ) led a push for the government to introduce the laws.

Schedule 3 of the Bill introduced by Attorney-General Mark Dreyfus will amend the Criminal Code to create new criminal offences targeting the release of personal data in a manner that is menacing or harassing, otherwise known as doxxing.

It will impose a maximum penalty of six years’ imprisonment for the malicious use of personal data, and a more serious penalty of seven years’ imprisonment, where a person or group is targeted because of their race, religion, sex, sexual orientation, gender identity, intersex status, disability, nationality or national or ethnic origin.

“Doxxing exposes victims to significant and enduring harm, including public embarrassment, humiliation, shaming, discrimination, stalking and identify theft and financial fraud,” Dreyfus said.

“It can lead to threats to a victim’s life and safety, and the lives and safety of their families and friends. It can inflict significant and lasting psychological harm.”

The doxxing portion of the legislation is part of a suite of news laws aimed at protecting privacy online.

“The right to privacy is a fundamental human right,” Dreyfus said.

“As Sir Zelman Cowen said in his 1969 Boyer Lectures, a person without privacy is a person without dignity. We must be vigilant in ensuring that evolving technology does not erode our ability to protect information about who we are, what we do and what we believe from being misused.”

Member for Macnamara Josh Burns told The AJN on Thursday, “The doxxing attacks evoked painful memories for our community, of being blacklisted, and subjected to coordinated campaigns of harassment.

“We promised to respond to these attacks, and today we deliver on that commitment, introducing legislation to criminalise doxxing which will not only make the malicious release of personal data a crime, but will give victims and members of our community a clear avenue to seek redress in the courts.

“I want to thank the brave members of our community who shared their story with me. It was our community’s advocacy and courage which has led to these much needed reforms.”

After the government made a commitment in February to work on the legislation, ECAJ president Daniel Aghion expressed the roof body’s gratitude.

“We look forward to working with the government to ensure the full extent of the harm caused is understood, and that the new laws effectively protect Australians from this shameful and dangerous practice,” he said.

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