The Albanese government is moving forward with a proposal to outlaw doxing, potentially introducing penalties for activities such as “de-anonymising,” “targeting,” and “delegitimising” individuals in public discourse.
Attorney General Mark Dreyfus revealed on Monday that his department has initiated consultations for new legislation, aiming to include provisions for a right to sue in cases of serious invasion of privacy and the criminalization of doxing.
Doxing, short for “dropping documents,” refers to the deliberate exposure of an individual’s identity or personal information online without consent. The Attorney General’s department and the e-Safety Commissioner define various forms of doxing, including de-anonymising, targeting, and delegitimising individuals through the disclosure of private information.
Dreyfus defines doxing as the malicious publication of personal or private details without the individual’s consent, emphasizing the harmful consequences it can entail.
The proposed legislation aims to prevent a range of harms, including public embarrassment, discrimination, cyberstalking, identity theft, and damage to personal and professional reputations.
The crackdown on doxing stems from recommendations made by the Attorney General’s department in February 2023, following a series of privacy law changes. The government’s decision to legislate a right to sue for serious invasions of privacy was prompted by incidents such as the publication of a group chat log involving Jewish writers and artists.
Prime Minister Anthony Albanese has directed the Attorney General to address doxing through legislative reforms. Alongside the right to sue, the government plans to introduce a new criminal offense targeting doxing and provisions to address hate speech based on religious grounds.
The legislation aims to protect all Australians from being targeted due to their identity or beliefs, although specific attributes to be safeguarded have not been disclosed.
While Dreyfus emphasizes the liability of individuals who compile doxing information, he also stresses the need for controls on republishers and social media platforms.
Despite concerns raised by experts, including Dr. Jennifer Beckett from the University of Melbourne, about the potential impact of banning “de-legitimising doxing” and the accessibility of legal recourse, Dreyfus assures that the legislation will include provisions to protect press freedom.