Protecting Children and Young People from Online Harm: What Should Organisations Be Doing?
Keeping children and young people safe online is a shared responsibility. This is a hot topic at the moment, given the recent legislation passed by the Federal Parliament which amends the Online Safety Act 2021 to extend the definition of an “age-restricted user” to people under the age of 16.
This ban won’t take effect for at least 12 months, and there is limited information about how the ban will work at this stage, but it is clear reminder that organisations who work with children and young people must be taking steps to keep those children and young people safe online.
What is online abuse?
Online abuse is when someone is harmed psychologically or physically through the use of the internet. This often occurs through content, contact, conduct and contracts that people encounter online. Online abuse can happen anywhere on the internet, commonly occurring on social media sites, games, apps and messaging platforms. Children and young people are particularly vulnerable to online abuse, however everyone is at risk.
What are the impacts?
Online abuse can create ongoing trauma for children and young people, leading to emotional, psychological, social and even physical impacts.
This can include:
- Anxiety and depression
- Anger, humiliation and shame
- Difficulty trusting others
- Hypervigilance
- Substance abuse, self-harm and suicidal ideation
- Disturbed sleep and loss of appetite
What should organisations be doing?
Organisations need to ensure they are upholding the National Principles for Child Safe Organisations (National Principles) and relevant state based Child Safe Standards. The National Principles recognise the importance of safe online environments for children and young people. Organisations should be developing a holistic approach to online safety and training all staff and volunteers in how to protect children from online harm.
Staff should also be familiar with the legislation that governs online activities, including laws on grooming and sexual abuse and exploitation.
There are a few key steps that organisations can take to ensure they are meeting their online safety obligations.
Know the risks
Taking steps to understand how online abuse occurs, allows organisations to recognise potential risks within their own organisation and take steps to mitigate those risks.
The main types of abuse that occur online or via digital technology include:
- Cyber-bullying – When someone uses the internet to harass, humiliate, threaten or intimate a child or young person
- Image based abuse – When someone shares or threatens to share an intimate image or video without the depicted person’s consent.
- Child sexual abuse – When a child or young person under the age of 18 is pressured, persuaded or tricked into sexual activities or conversations by an adult or someone in a position of power.
- Domestic and family violence
Risks within organisations can also include:
- The potential for inappropriate relationships to form between adults and the young people they work with, which can lead to sexual abuse, exploitation and grooming
- Bullying
- Age-inappropriate access to online content
Ensure there are adequate online child safety policies and procedures in place
These policies and procedures should be understood and followed by all members of the organisation. They should be made available to the community where possible, so that everyone is aware of what is expected of the leaders, staff and volunteers of the organisation.
They should adequately cover:
- Online safety risks and strategies to mitigate and address them
- Code of conduct which sets expectations for interaction with children and young people, and respectful online behaviour for all members of the organisation, both adults and young people
- The process for reporting online abuse
- Upholding the National Principles, specifically the digital rights of children to safety, freedom and protection online
Know how to recognise the signs of online abuse
Many children and young people don’t tell anyone that they’re experiencing online abuse. It is therefore important for organisations to watch for signs of online abuse. Acting quickly can help to mitigate the harm that the child or young person experiences.
Signs of online abuse can include:
- Changes to online activity
- Anxiety or caution about being online
- Avoiding phones and other devices
- Withdrawal from social activity
- Becoming secretive about online activity
- Changes in work or school performance
Know how to report online abuse
Organisations need to assess whether a mandatory report to the police or a child protection agency is required. Staff should record details of the incident and actions taken, taking steps to address the harm and monitoring the abuse to ensure it has stopped.
If an organisation becomes aware of, or suspects, online abuse, they need to take immediate steps to:
- Check if the young person is in immediate danger
- Work to understand what has happened
- Support the young person
- Report the abuse as required
The eSafety Commissioner has excellent resources about online abuse and you can make a report online via the eSafety Commissioner website. The eSafety Commissioner also has the power to investigate and take action to prevent and deal with online abuse.
How can Safe Space Legal Help?
Safe Space Legal has extensive experience working with schools and other organisations working with children to ensure they are meeting their child safety obligations and can support organisations by:
- Drafting best practice child safety policies, procedures and codes of conduct;
- Conducting gap analysis audits of critical incidents;
- Providing training on legal obligations, duty of care and child safety;
- Conducting child safety investigations which are compliant with relevant state and territory schemes; and
- Provide sound legal advice on risk mitigation.
Contact office@safespacelegal.com.au or call 03 9124 7321 to organise a complementary discussion in relation to your organisation’s child safety and safeguarding needs.