Regulating Online Harms (LAWS90312)

Online platforms are under increasing amounts of scrutiny, with states increasingly seeking to regulate the digital sphere. Online harms are a key target of these legislative interventions and pose unique challenges in the regulation of online content. Campaigns of disinformation and manipulation have plagued democratic elections, instances of ‘fake news’ have caused harm to public health, charities and governments alike have struggled to deal with the increase in online violence and abuse, and technologies pose new methods for bullying and harassment.  

However, regulating harmful content online is not a straightforward task. The global nature of the internet, the relative dominance of platforms, the volumes of content posted, and the complex and disparate nature of the different types of harm has made it difficult to develop effective regulatory frameworks. Regulatory approaches must be balanced against fundamental rights such as the right to freedom of expression and other policy interests, such as promoting competition and protecting data privacy.  

This subject will enable you to develop a critical understanding of the framework of laws regulating online harms, considering legal, policy, social, and ethical interventions.  The subject will look at several overseas jurisdictions to assess wider patterns in online harms regulation and consider future developments, both in Australia and around the globe.  

Intended learning outcomes

A student who has successfully completed this subject should be able to: 

• Critically evaluate the development of the discourse around online harms and situate this within wider social, political, and ethical debates concerning the regulation of technologies.
• Analyse the central tensions and debates in relation to online harms, evaluating the role of the State, private actors, individuals, and civil society respectively.
• Demonstrate a critical understanding of the relative strength of competing regulatory and policy approaches governing online harms and emergent legal frameworks.
• Apply the emerging legal frameworks for regulating online harms and anticipate and understand future developments in this area of law.

Generic skills

• Have an advanced understanding of both law and policy, along with the characteristics of new technological advances, that allows for the communication of sophisticated responses to the complex questions raised by these developments.  
• Demonstrate a comprehensive ability to carry out independent further research using interdisciplinary materials informing a sustained and detailed argument.
• Summarise detailed and complex bodies of information concisely and accurately and appropriately formulate and defend an argument in a manner suitable to a diverse range of audiences.
• Demonstrate strong oral communication skills and the ability to work collaboratively.