Australian Human Rights Commission Submission to the UN Committee On The Elimination Of Racial Discrimination, 30 October 2017 168. The Commission notes the role of the Independent National Security Legislation Monitor (INSLM).201 The INSLM reviews the operation, effectiveness and implications of Australia’s counterterrorism and national security legislation on an ongoing basis. In performing that function, the INSLM has regard to Australia’s international human rights obligations.202 169. The Commission is concerned that the Australian Government has passed counterterrorism measures despite concerns raised by a previous INSLM. This has occurred in relation to the control order203 and preventative detention order204 regimes. The current INSLM has concluded that each regime is consistent with Australia’s human rights, counter-terrorism and international security obligations; proportionate to the current threats of terrorism and to national security; and necessary. He has recommended that, subject to implementation of suggested safeguards, each of these laws be renewed for a further period of five years.205 These laws and others are currently the subject of further review by a parliamentary joint committee.206 Recommendation 38: That the Australian Government ensures that counterterrorism measures do not unnecessarily limit human rights (including rights enshrined in CERD) and considers the concerns raised by the Independent National Security Legislation Monitor in that process. 9 Cyber-racism (CERD article 2) 170. The Commission notes that developing strategies to address contemporary forms and manifestations of racism (such as racist materials promoted through communication technologies) is outlined in paragraph 143 of the Durban Declaration.207 171. The Commission is concerned about complaints received in relation to web based racist content in recent years. In 2016/17, internet-based racial hatred represented 5% of the complaints of racial hatred received by the Commission.208 172. The Special Rapporteur on racial discrimination gave attention to cyber-racism on the internet and social media platforms in his recent report on his mission to Australia, and noted in particular that anti-Muslim hate speech has been on the increase in recent years, especially on social media platforms.209 173. The Australian Senate has referred an inquiry into cyberbullying to the Legal and Constitutional Affairs References Committee.210 The inquiry is in relation to the capacity of existing offences in the Commonwealth Criminal Code and of state and territory criminal laws to capture cyberbullying. 174. The Commission commends the establishment of an eSafety Commissioner.211 The eSafety Commissioner’s role has focused on cyberbullying of young people and cyber abuse (including cyber-racism).212 175. The Commission notes that the Cyber Racism and Community Resilience research project, a joint project involving a number of Australian Universities with support from industry partners, seeks to examine the production of, 33