Victoria plans to introduce new laws that directly target social media and AI platforms, focusing on anonymous users and the hurdles to suing big tech. Lawmakers want to lower the barriers for people seeking redress when online activity causes psychiatric harm. They also aim to give regulators sharper tools to unmask users accused of serious online abuse.
Under current Victorian rules, a person must prove a medically verified permanent psychiatric impairment of at least 10% to sue an AI or social media company for negligence. That threshold is set to be removed entirely for claims brought on behalf of minors, making it far easier for children and their guardians to pursue action. Lawmakers are also weighing whether to drop or adjust the threshold for adults as they draft the new legislation.
The state government also wants the Victorian Civil and Administrative Tribunal to gain new powers referred to as “demasking orders”. These orders would compel tech companies to reveal the identities behind anonymous accounts when there are allegations of online vilification. Platforms would be forced to cooperate with tribunal directions rather than hiding behind privacy settings or opaque policies.
Victoria is positioning its civil tribunal as a frontline venue for online harm disputes, rather than relying solely on complex court actions. Tech companies face pressure to adjust moderation practices and data-handling policies to comply. Lawmakers still need to decide how far to expand protections for minors compared with adults in the final legislation.
