Question Time AU

Matter of Public Importance

Cybersafety

Senate · Tuesday 29 July 2025

Official Hansard for this day (APH) · Read this debate on OpenAustralia

At a glance

Senator Ralph Babet moved a matter of public importance arguing that the Internet Search Engine Services Online Safety Code constitutes digital surveillance and violates privacy rights. Government senators defended the code as a necessary measure to protect children from harmful content, while opposition and crossbench members criticised the lack of parliamentary scrutiny and the reliability of age verification technology. The debate highlighted concerns about biometric data collection, the role of the eSafety Commissioner, and the potential for censorship. The motion was ultimately defeated in a division.

Outcome

The motion was defeated in a division with 38 votes against and 25 votes in favour.

Summary in reported speech - not a transcript. AI-generated, so check the official record before quoting.

How the debate unfolded

Opened the debate

Babet argued that the code represents an expansion of the surveillance state under the guise of child protection, requiring intrusive age assurance measures such as biometric scanning and ID checks for search engine users. The senator contended that the framework was co-developed by tech giants and registered by the eSafety Commissioner without adequate parliamentary debate, eroding civil liberties and privacy. Babet asserted that protecting children should be achieved through parental empowerment rather than government-backed monitoring of adult browsing habits. The motion sought to amend the code to remove age assurance requirements and restore privacy protections for all Australians.

Opposition response

Kovacic acknowledged the code's intent to protect children from harmful content but raised concerns about the concentration of power in the eSafety Commissioner, who developed and enforces the code without direct parliamentary oversight. The senator argued that while child safety is paramount, the measures must be balanced against individual privacy rights and freedom of speech. Kovacic noted that the coalition had previously forced changes to online safety laws to prevent the imposition of digital ID requirements. The senator called for greater scrutiny of the eSafety Commissioner's remit and warned against overreach that could suppress legitimate expression.

Votes during this debate

Division 7: Cybersafety Passed 38–25