125. Although the Australian Government maintains that this upholds ‘the dual
purposes of keeping children safe and maintaining public order’, the
Commission is concerned that such legislation allows police to target
children and criminalise their behaviour.
126. The Youth Advocacy Centre told the NCC that police powers can also be
used to target vulnerable groups:
Children tend to be subject to over-surveillance once known to police.
Move-on powers are overused in relation to vulnerable groups who tend
to be visible on the street—young people, Aboriginal and Torres Strait
Islander people and homeless people.80
4.4
Protection of privacy and protection of image
127. Privacy is protected through legislation at the Commonwealth, state and
territory levels.
128. There are specific challenges for children’s privacy in the digital
environment, where children may not be aware of the risks of providing or
sharing their personal data.
129. Children may experience cyber-bullying and the non-consensual sharing of
digital images.
130. The Office of the eSafety Commissioner has established processes for
children and adults to report image-based abuse.
131. Regulatory frameworks governing cyberbullying and image-based abuse in
Australia are inappropriate when children are involved, because it can
criminalise the behaviour of children in situations where they are
potentially ignorant that their actions may be illegal.81
132. The Commission is of the view that education and public awareness are
the most effective tools for protecting the safety of children in the digital
environment. The Office of the eSafety Commissioner has also developed
a range of educational resources.
(a)
Access to information from a diversity of sources and protection from
material harmful to a child’s wellbeing
133. Access to digital technology and information supports children’s education
and their wellbeing. This is especially important for children who identify
as belonging to racial, cultural, gender or sexual minorities. The
23