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

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