PER CAPITA SUBMISSION

PER CAPITA SUBMISSION 1 PER CAPITA SUBMISSION PUBLIC CONSULTATION ON DOXXING AND PRIVACY REFORMS The Centre of the Public Square at Per Capita March 2024 The Centre of the Public Square (CPS) at Per Capita welcomes the opportunity to provide this submission to the Attorney-General’s department as part of their Public Consultation on Doxxing and Privacy Reforms. [...] In all contexts the consideration of other rights and interests is important, but in the context of laws which relate to digital privacy rights and cybercrime, consideration of the public interest in freedom of speech, expression and of the press, is particularly vital. [...] The importance of the freedom of political communication in the digital public square for Australian democracy Australia is a representative democracy, where representatives are directly chosen ‘by the people’.14 Indispensable to this system, is the ability for citizens to have access to information. [...] In the 2014 inquiry into Serious Invasions of Privacy in the Digital Era, the Australian Law Reform Commission considered that this would be ‘particularly important, given Australia has not enshrined a right to free speech in its law in the way other democracies have’.24 Certainty in the law is important, but the elements of this tort must be flexible enough to adapt to rapidly changing technologi. [...] Other measures to protect against doxxing and other harms in the digital sphere Law reform has a role to play in enhancing the protection of privacy both on and offline, but there needs to be a recognition that there are limitations to the law, and that education plays a vital role in curbing and preventing severe breaches of privacy.