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Australian philosopher, literary critic, legal scholar, and professional writer. Based in Newcastle, NSW. My latest books are THE TYRANNY OF OPINION: CONFORMITY AND THE FUTURE OF LIBERALISM (2019); AT THE DAWN OF A GREAT TRANSITION: THE QUESTION OF RADICAL ENHANCEMENT (2021); and HOW WE BECAME POST-LIBERAL: THE RISE AND FALL OF TOLERATION (2024).

Thursday, November 21, 2024

My submission re the Online Safety Amendment Bill

 TO: Committee Secretary

Senate Standing Committees on Environment and Communications
PO Box 6100
Parliament House
Canberra ACT 2600

 

FROM: Dr Russell Blackford

 

Submission to Inquiry re Online Safety Amendment (Social Media Minimum Age) Bill 2024

 

1. I am writing to submit a brief response to the above inquiry. I am grateful that there is an opportunity for the public to respond this Bill before it is voted into law. However, I must protest in the strongest possible terms against the inadequate time that we have been given to digest this Bill and the body of controversial research that lies behind it (most notably the most recent publications by Jonathan Haidt and his critics, including the back and forth of their responses to each other).

 

2. I am an academic philosopher with a special interest in legal and political philosophy, including issues relating to liberal theory, secular government, and traditional civil and political liberties such as freedom of speech. My formal qualifications include an LLB with First Class Honours from the University of Melbourne, a Masters degree in bioethics from Monash University, and a PhD in philosophy, also from Monash University, where my doctoral dissertation applied ideas from liberal theory and philosophy of law to certain topical issues in bioethics. I am admitted to legal practice as a barrister and solicitor of the Supreme Court of Victoria, and in the past I have practised with a major commercial law firm in Melbourne.

 

3. I am the author of numerous books including Freedom of Religion and the Secular State (Wiley-Blackwell, 2012), Humanity Enhanced: Genetic Choice and the Challenge for Liberal Democracies (MIT Press, 2014), The Tyranny of Opinion: Conformity and the Future of Liberalism (Bloomsbury Academic, 2019), and How We Became Post-Liberal: The Rise and Fall of Toleration (Bloomsbury Academic, 2024). Although I have retired from paid employment, I remain active in research and publishing at the intersection of philosophy, law, and public policy. I hold an honorary position as Conjoint Senior Lecturer in Philosophy at the University of Newcastle. I do not, of course, purport to represent the views of the university in any way.

 

4. As far as I can establish, the purpose of this Bill appears to be a therapeutic one: legislators blame the apparent rise in mental health issues among young people on their participation in social media. Perhaps there is some truth in such claims. At the moment, however, they are highly controversial among the relevant experts within the disciplines of psychology and psychiatry. In the absence of a scientific consensus, there is currently no sound basis for such legislation, which has grave implications for the freedoms of both young people and their parents. The issue requires deeper investigation that certainly cannot be conducted by anybody in only one day. Even if some kind of regulation of access to social media for young people is ultimately justifiable, there is no guarantee that it should take the form of a blanket ban (with some specific exceptions) applying to anybody under the age of 16.

 

5. This legislation has been prepared, and is being pushed through the houses of parliament, with unseemly and anti-democratic haste. Creating a forum for public consultation that allows only one day for submissions is astonishing and outrageous when there are important rights at stake.

 

6. Finally, I am very concerned about tendencies across the liberal democracies of the West to edge them closer and closer to being authoritarian surveillance societies. In each case as it arises, some rationale can be offered, but the cumulative effect is frightening. In this instance, it seems that every Australian who participates in social media will henceforth have to prove his or her age, thus revealing information about themselves that they might otherwise wish to retain privately. Perhaps something can be done to obviate this problem, but that cannot simply be taken on trust.

 

7. Far more research and public discussion is needed before anything like this Bill can be legitimately enacted by our federal legislature. I strongly urge that the proposal be shelved indefinitely to allow proper scientific and democratic processes to take place.

 

Yours faithfully,

Russell Blackford

(Dr Russell Blackford, Conjoint Senior Lecturer in Philosophy, University of Newcastle)

21 November 2024

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