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The greens party are demanding the right to be able to sue tech companies for online harms and will push for tougher fines to strengthen labor's digital duty of care proposal. Greens leader David Shoebridge says politicians only have one chance to get their response right.

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00:01It never comes back to be fixed up again. You have a moment where you get a chance to
00:06make legislation that is either going to help the country or just be some kind of messaging
00:12exercise by the Labour Party. And that's what we've learnt, I think, pretty much more than
00:18anything else. These things don't come back. You have a moment where you can make it right,
00:24you can fix it, you can make it better, and if you don't use that moment, you end up
00:28getting this kind of half-baked nothings. And I think that's one of the core lessons over
00:32the last, what, term and a bit with the Labour Party.
00:35OK, what are the lessons for the Greens then?
00:37Well, the lessons for the Greens are to have a really simple test on the legislation. Is
00:42it going to make things materially better for Australians? Is it going to actually move
00:47the dial? Or is it just some kind of, you know, faux reform that might make some, you know,
00:53might make a useful messaging exercise? But I do think it's one of the reasons why people
00:57are really, really cynical about politics at the moment. You've got a government selling
01:01it up here. The reality is down here. And people want things to change. So I do, you know,
01:09ensuring that we're not feeding into that credibility gap between what politicians are saying and
01:14what they're doing, I think is really important for keeping the public on board.
01:18The test you've set, which I get it, what you're saying, has that been the test that up until
01:24now and in this term, the Greens have set?
01:27Well, I mean, I think that's always been the attempt to try and make this place work. But,
01:32you know, quite often when you're dealing with the Labour Party on something like climate,
01:36they'll come to you with a, with a piece of legislation that's largely delivering,
01:40delivering for the fossil fuel industry. And, you know, I get it. That's, they take a lot of
01:44donations from the fossil fuel industry. They, they have a relationship with the industry that's
01:49quite different to us as Greens. And then they'll put some tiny little bit on the end and say,
01:53oh, look, here's this nice little bit at the end. And, and unless you only need to vote for this
01:57legislation that delivers for the industry and their donors, you won't get this little bauble. And,
02:03and, you know, I think we can't fall for that going forward. And what they then say this,
02:08well, well, if you won't agree to, to this with this little bauble, we'll take it over to the
02:12coalition and we'll make it even nastier for the climate, even nastier for nature. And,
02:18you know, you can't get caught in that kind of negotiation space where, you know, sometimes
02:23they'll feel like I'm dealing with multiple death cults. You know, they're going to go from one to
02:26the other and do a job on the planet or do a job on society. And we've got to stand
02:30for some values.
02:31All right. Very strong language on death cults. Let's go with climate, right? We've only got one
02:36planet. We've only got one planet. We're feeling it heat up. We've only got so many kids too,
02:42before we, you know, make their lives significantly harder. So in terms of online harm,
02:47do you accept that there's a sense of urgency around online harm? Oh, absolutely. And I think
02:54we're all feeling it. It's not just kids, like, you know, the addictive design that we see with
02:58platforms. You know, I'm sure I'm not the only person who sometimes thinks, wow, I've just spent
03:02half an hour of my life. It just disappeared down my phone, getting rid of things like auto scroll
03:07and autoplay, you know, endless scroll and autoplay, getting rid of some of that addictive design.
03:12But again, you know, we've got legislation where we can make meaningful changes for Australians. And two
03:18things that I think are critical going forward in this digital duty of care is ensuring that if we're
03:24going to put some kind of obligation and duty of care in, Australians, ordinary Australians need a
03:29chance to actually be able to enforce that and not just leave it up to a bureaucrat who almost never
03:34has the resources needed and doesn't have the self-interest in the same way. Creating a right
03:40for Australians without attaching a remedy to it is not a right at all. So there needs to be an
03:45ability, like if people have had serious harm caused to them by a platform, they need an ability
03:51to be able to sue the platform. I think that is really critical.
03:54Okay. Okay. So explain to me in terms of the law reform in front of you, what you are pushing
03:59to change to facilitate that.
04:02Well, we made it clear that the very large amount of ministerial discretion, that was a
04:07non-starter for us.
04:08And they've moved on that?
04:08They've moved on that. And that's good. Like, I'm glad to see that moving.
04:12Ensuring that Australians have agency in this space. And it's not just waiting for a bureaucrat
04:17to move. But if these platforms are out there causing serious harm, and have caused serious
04:23harm, that people have a remedy. It's the same if you get other products. If you buy other products
04:28and they cause serious harm.
04:29So what does that remedy look like?
04:30Well, it looks like being able to go to court. I mean, that is the most obvious remedy,
04:34being able to go to court and get restitution for the damage that's being caused and rectify some harm.
04:41And how would you achieve it? I mean, people have the right to go to court as it is. It's
04:44not
04:45likely prohibited.
04:46Well, you do what's called a statutory right of action. You not only put in place a duty,
04:51you actually attach a statutory right of action to it. So people can actually enforce that duty
04:55if it's been breached by the platforms. Now, I know that that has been resisted by the platforms.
05:00They hate the idea of there being some kind of equal fight.
05:04And have you met with the Prime Minister, Annika Wells? Have you said that that's something that is
05:10non-negotiable for you?
05:11Well, we haven't. Well, you're using the word non-negotiable.
05:14I'm saying it's absolutely critical. It is a critical part of the reforms if it's going to
05:21have the change that Australians need. I haven't had a meeting with the Minister.
05:25But have you sought one on this?
05:26The Minister has made it clear herself that she hasn't sought that meeting, but
05:31very, very open to having the meeting. I have had quite a busy bit in my diary in the last
05:37little
05:37bit. But I want to be clear, we're very open to sitting down and talking through this.

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