Protection – through eSafety’s investigations and
content removal schemes for individuals who
have experienced cyber‑bullying, cyber‑abuse, or
image‑based abuse (the non‑consensual sharing
of intimate images), or who have encountered
illegal or restricted online content such as child
sexual exploitation material or terrorist or violent
extremist content.250
Proactive and systemic change – through new
mandatory industry codes and standards,251 as
well as a set of Basic Online Safety Expectations,252
accompanied by reporting powers to drive greater
transparency and accountability. eSafety also
conducts horizon scanning and consults with
experts and other important partners to identify
emerging online safety risks and inform its
approach to these challenges.253
eSafety encourages all companies designing,
developing, or deploying any type of technology
to take a Safety by Design approach, and offers a
variety of practical tools to support companies of all
sizes to do so.254
As neurotechnologies are increasingly integrated
into online services and products such as games,
social media, search engines, and internet‑enabled
34
devices, certain aspects may be covered by the
Online Safety Act. This is particularly where there is
a risk of child sexual exploitation, violent terrorist
acts and violent extremism, and other forms of
abuse within eSafety’s regulatory remit.
However, the wide array of existing legislation and
regulatory frameworks that might apply in some
way to neurotechnologies will need to be reviewed
to ensure they remain fit for purpose to prevent
and mitigate a range of harms and potential human
rights abuses which may be facilitated through
neurotechnologies. This will require ongoing
collaboration and dialogue with domestic and
international government colleagues and with
relevant stakeholder groups.
The Australian Government has committed to
bring forward the independent statutory review
of the Online Safety Act, which is anticipated to
be completed in the current term of government.
With the online environment constantly changing,
an early review will ensure Australia’s legislative
framework remains responsive to emerging online
environments and the technologies that interact or
facilitate engagement.
Protecting Cognition: Background Paper on Human Rights and Neurotechnology