Mark Dreyfus wants Australians to be granted the right to take big tech to court over social media
Ex-attorney-general Mark Dreyfus has pushed for the reinstatement for wider hate speech legislation granting Australians the right to take big tech to court over social media posts, reported the Australian Financial Review.
Speaking at the antisemitism royal commission earlier, Dreyfus called for Australians’ online safety rights to be better protected. He sought a private right of action for individuals to file suits over the removal of abusive social media content, explaining that the eSafety commissioner could not monitor the level of online abuse.
He proposed a no-cost jurisdiction that would enable victims of online abuse to challenge big tech without concern about resources.
Dreyfus also called for enhanced protection for Jewish venues. In January, the federal government had passed the Combatting Antisemitism, Hate and Extremism (Criminal and Migration Laws) Act 2026, which enhanced what it called “the toughest federal hate crime laws in Australian history”, in response to the 14 December Bondi Beach massacre. However, pitched anti-vilification provisions were weakened after the Coalition and the Greens flagged concerns about free speech.
Presently, the criminal offence necessitates incitement to violence. Dreyfus pointed to laws passed in NSW and Victoria that “legislated in a more general way so as to criminalise serious vilification that is hate speech focusing on particular attributes”, per a statement published by AFR.
He recommended that Jewish places of gathering, like schools and synagogues, be safeguarded through legislation modeled after laws banning protests outside abortion clinics. Per counsel assisting Richard Lancaster in a statement published by AFR, Jewish institutions have required security resources “over and above state and federal law enforcement”, with synagogues rerouting funds for religious or cultural activities to security costs.
“If they close themselves off for security reasons they may be unfairly criticised as deliberately insular. But without the barriers they wish they did not need, they may be left unduly exposed”, the counsel said in a statement published by AFR.
Dreyfus gave evidence at the commencement of weeklong proceedings focused on community security. The hearings will look into police in various states, Jewish security group CSG and the Department of Home Affairs.
