Senate Environment and Communications Legislation Committee, , 49:06 to 1:06:22
The department outlines its legislative agenda for 2026 and provides updates on the digital duty of care consultation process. Discussion also covers the modernization of the Archives Act and First Nations intellectual property protections.
Topics: Online safety, Integrity
Speakers: Sarah Hanson-Young, Sarah Vandenbroek, Dr Stephen Arnott PSM, Jim Betts, Dean Smith, Andrew Hyles, Margaret Lopez, Nita Green, Varun Ghosh
um Mr. Betts, I'm just wondering what the uh legislative agenda for 2026 is going to be for your department.
>> Sure. Um if you just give me a second. Um so this is for the department in so far as it relates to the matters being considered by this committee.
>> Coms and arts. Yes.
>> Coms and arts. Sure. Okay. Um so uh uh the principal um forward agenda in terms of legislation for the communications portfolio relates to uh the universal outdoor uh mobile obligation where legislation was introduced on the 27th of November. >> Uh consumer safeguards where again legislation was introduced late last year. uh we will we are undertaking consultation on amendments to the ABC and SBS acts to um provide full five-year funding terms and the government is undertaking consultation and development work on digital duty of care. Uh there uh as you'll be aware late last year um uh Australian content quotas for streaming platforms hit the statute book. Um there are some other commitments within the um revive national cultural policy around First Nations intellectual property and culture around movable cultural heritage and around the archives act which it's the minister's intention to um uh legislate for um if possible during the
coming year. Mhm. And where are we up to with legislation in relation to um the commitments following uh news media bargaining code? I know that's also Treasury, but there's a obvious communications element to this.
>> It is. Um so I'm questioning whether we're still in corporate here.
>> We are cuz I'm just I'm not going to get into the details. I'm just trying to work out what the
>> so obviously
>> the workload is
>> the um the principal um area of activity for is around the news media bargaining incentive um where on the 13th of November 2025 Treasury who was he right the observer of a lead agency uh released a consultation paper uh submissions closed on the 19th of December following consideration of those submissions um an expos exposure legislation will be developed for the purposes of public consultation and the assistant treasurer is the lead minister. Uh we are working closely with our treasury colleagues who have the lead on this because of our important interest in public interest journalism and uh journalism assistance.
>> Mhm. Um so that would be and that will require legislation.
>> That's my understanding.
>> Yeah. Yeah. But yes, Treasury's in in in terms of the ABC and SPS um, amendments, that that must be a pretty easy piece of legislation to draft. That mustn't be far away.
>> You're asking the wrong person, but I can uh, get somebody to the table who can tell you whether it's
>> Sure. Thank you.
Uh, Senator Margaret Lopez, um, acting first assistant secretary, broadcasting, media and news policy division. Um the government expects to consult on the proposed legis legislative changes in due course in terms of um the ABC and SPS um 5-year funding commitment.
>> But the only change is locking in the legislation for five years, the fiveyear kind of blocks, isn't it? Or is there going to be other changes?
>> Um Senator, the election commitment relates um to uh legislating fiveyear funding terms. Um in terms of the other recommendations from um the review um looking into the independence of the ABC and SVS um that's still subject to further government consideration.
>> Okay. Um so there's no legislation that's been drafted thus far. You're kind of dot points, are you?
>> That's correct. We don't have um legislation to consult on.
>> Okay. Um, and what about the digital duty of care legislation? Where is I mean, um, Mr. Betts, you said that there's consultation on that. Is that correct?
>> Consultation and development work. Yes. so I believe there's been
>> We have done the first round of consultation on the duty of care bill that happened through November and
um uh give us uh an outline of who you've consulted with?
>> Yes, I think Mr. Hyles probably has that
Apologies, Senator. Um Andrew Hyles, assistant secretary of digital platforms, international policy branch. Um if you just give me two seconds, I
Oh, sorry. I can um go. So, we had Would you like me to run through? We had a number of roundts and one-on-one meetings. I can run through when they were. >> So, the first round table was on the 27th of November that involved Amazon, the Australian Telecommunications Alliance, Aau Domain Administration, Google, Microsoft, Optus, Samsung, Telstra, and Yahoo. >> Then we had um social media messaging and gaming roundt also on the 27th of November with Discord, Meta, Roblox, and The following day on the 28th of November, we met we had a round table with Snap, Tik Tok, Reddit, and There was a one-on-one meeting with Apple on the 3rd of December. There was another industry round table on the 5th of December with Digi Interactive Games and Entertainment Association, International So Social Games Association, Consumer Electronic Suppliers Association, Tech Council of Australia, and Australian New Zealand Screen Association. We had a one- on-one meeting with the independent reviewer of the social media app, Deia Ricard. On the 5th of December, there was a community roundt on the 8th of December with the Australian ch childhood foundation, was also a one-on-one meeting with the E On the 9th of December, there was a child safety roundt with the Alana and Meline Foundation, the Australian Human Rights Commission, the Australian Institute of Family Studies, the Australian Council of School, State School Organizations, the Australian Parents Council, Catholic School Parents Australia, Headspace, International Center for Missing and Exploited Children, Life Ed, Movember, Origin, Project Rocket, Reach Out, Smack Talk, Triple P, Your Town, and Kids Helpline. >> Uh, also on the 9th of December, we had a roundt with the Euros Association, Only Fans, Steam, Twitch, and Kick. There was a one-on-one meeting with Reset Tech. On the 10th of December, on the 11th of December, we met with some of the online dating organizations being MatchGroup, Grinder, and Bumble. There was another round table the same day the 11th of December with Canva, Discord, Dropbox, Pinterest, Reddit, Straa and Yahoo. On the 17th of December there was a roundt with Deacon University, University of Western Australia, Butterfly Foundation, LRO University and the University of Sydney. On the 18th of December, there was a one-on-one meeting with Teach Us Then on the 8th of January, there was a round table with the ES Safety Youth On the 22nd of January, there was a one-on-one meeting with Google. And that same day, a meeting with the
far away are we from seeing any legislation on this?
process with her.
>> And who's leading the duty of care policy work from your department? Is it is it you? >> Okay. Um and what type of uh international experience are you drawing
So, Senator, we're having conversations. We've had conversations with uh with researchers, for example, that are based overseas. Um we are having we have regular conversations with counterparts from the UK, for example. Um including to discuss specifically with them about how their um duty of care model works. >> Um we've also had kind of conversations at different points in time in the past with um counterparts from the EU and some of the other governments in the EU.
Mhm. And is there um specific work being done on algorithms and the option of people to opt out of algorithms being control of their own feeds?
>> So certainly kind of algorithms are part of kind of the the review of the online safety act. So um uh there was kind of um discussion about that. Um uh it's one of the things that we're kind of obviously is in the mix for things that we're providing advice to the government
on. Has the government got a current position on whether you think people should have the freedom to turn
>> Um uh Senator, I think the department's taken you through the work that we're doing to develop the duty of care. Obviously, um we've committed to legislating that. Um we will be putting responsibility on big tech to proactively protect users and that's all
um conscious that we're kind of getting into details. So I I will have other questions um in terms of the um revive uh kind of the next steps of revive. Thank you. Sorry for the musical chairs. Mr. Mr. Betts, you said there's legislation coming in relation to I assume that's kind of cracking down on fake indigenous art and um intellectual property rights. Is that
>> uh yeah, correct. So I mentioned three things um modernization of the archive act, archives act, movable cultural um heritage and first nations intellectual property and culture and within that cracking down on fake art. So it's all set out within the revive um document. M uh Dr. Arnet is coming to the table now. Obviously, this gets into outcome six, which we'll be discussing tonight, but
>> um I'm just conscious we might not get there, Mr. Betts, to be perfectly honest. So, committee's ability to stick to the program. >> Um could could I ask Mr. Art, lovely to >> the revive policy, it is kind of it's at a review stage now. Is that or there is a review being done or an evaluation?
>> Um Steven, deputy secretary creative economy in the arts. Um so revive sort of commenced in 2023. It goes through till 2027. It's a 5-year um policy. Um the minister's on the record of saying that he intends to consult on the follow-up to revive in the first half of this calendar year. M >> um we've um completed 74 of the 85 actions in revive about 87% um in its first 3 years or two and a half years. Um and obviously we're working hard to uh complete the remaining actions as soon as possible.
>> And what will those So so you're going to consult on on it in the first half of this year. What does that look like? Like what what does consult on it mean?
That that's still to be uh determined. Senator, I um imagine the minister will have more to say that on the NG due course.
>> And is there going to be work um done on protecting um artistic freedom of expression?
>> Uh well, that's already a uh requirement under the under creative Australia's legislative mandate and it's part of their function to >> um promote the freedom of artistic
Yes. Um, they haven't been very good at leading by example though to be perfectly honest. Um, you said there was 74 out of 75. >> Oh, 85. Sorry. Out of 85. What is the 8? What's the um uh 11 that is still
sitting there? Uh, I actually don't have that in front of me, but I can get that for you if you'd like to. I can take it
on notice or ask one of the team to bring it. >> That would be great. Thank you. Um,
>> just just so you you know, all of the completed actions are published on the Office for the Arts >> website. So, it's quite public which which ones we've done and which ones are still to be implemented.
>> Um, thank you. Um in terms of the um first nations intellectual property rights um is that is that purely in your department or is this something that has to be shared um another minister in another department? I'm just I I've I've been waiting for action on this for quite some time and it never seems to really come off. who is actually driving it and who is responsible.
>> Um so the responsibility is in in our department. We have been doing the consultation with uh first nations leaders in this area um since revive came came out. Um the final kind of policy direction and how that's going to be implemented is still to be determined
so are you not you're not waiting for um sign off from the uh Minister for Industry or Innovation or any of that? No, we're not. >> All right. Um uh thank you chair. I'm just conscious that I want to get stuck into detail. So
>> Oh, understood. As as do I. Thank you, Senator Hanson. Um while we're on this
matter of chair just uh share >> sure um how you how the department intends to progress modernization of the national archives act.
>> Uh yes yes certainly senator. So um we're currently working on on that um process as you as you know um we have now set up a working group with leadership in the national archives to provide advice to the minister on the next next steps in that process. Um we hope to have uh progress on that during this calendar year.
>> So and that working group, how long has that been in existence for?
>> Uh I believe it was only recently established, but I can get the exact date for you.
>> And who is on that working group?
>> Uh it'll be senior people from both the department and the national archives, but I don't have a list of members now, but I can certainly provide
>> and you can provide that on notice. What is the what is the starting point for the consultation? Are you going to the tune review? Um what is the sort of the what is the first um you know evidence piece or information piece that the working group might be using in which to sort of start to guide its thinking and formation of its thinking. Look, I
understand that um there have been quite detailed discussions between the department and the national archives on u various areas for uh modernizing the act. Um I imagine that we will um we will advise the government on the range of um updates that we think need to be made in consultation with the national archives. Then it'll be a government decision about what uh what what uh amendments
>> what elements of that >> advice are incorporated in a modernized act. >> very modernized act or it could be partially modernized act. We have yes we
haven't yet determined the nature of those amendments and that advice
>> and is the intention to have the legislation introduced into the parliament this calendar year.
>> Uh look as you know Senator the timing of legislation is a matter for the government and the minister but we would like to be ready >> um this calendar year.
>> That's that's the ambition. >> That's the ambition. >> Great. Thank you very much. Thank you.
>> Thank you.