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Australian Law Criminalizes Internet Companies that Don’t Remove Violent Content

Australia passed a law that would criminalize tech companies who don’t remove violent materials from their social and online platforms. The legislation was proposed as a direct response to the attacks in Christchurch, and was passed within a week. Tech companies and others are criticizing legislators for passing the law too quickly, and for unintended […]

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  • Australia passed a law that would criminalize tech companies who don’t remove violent materials from their social and online platforms.
  • The legislation was proposed as a direct response to the attacks in Christchurch, and was passed within a week.
  • Tech companies and others are criticizing legislators for passing the law too quickly, and for unintended consequences and complications could arise.

What Does the Law Say?

Australian lawmakers passed legislation that will criminalize internet platforms that fail to remove violent content from their site.

The bill, passed Thursday, states that this new law will, “address significant gaps in Australia’s current criminal laws by ensuring that persons who are internet service providers, or who provide content or hosting services, take timely action in relation to abhorrent violent material that can be accessed using their services.”

The goal is to make sure social media and other sites with user-based content “cannot be exploited and weaponised by perpetrators of violence.”

The legislation was created as a response to the attacks in Christchurch, New Zealand, which were partially live-streamed to Facebook, and viewed by thousands of people. Since then, Facebook has worked to remove 1.5 million versions of the video.

The attacks are mentioned in the bill, and Attorney General Christian Porter also opened his remarks on the bill by paying tribute to the victims.

“Together, we must act to ensure that perpetrators and their accomplices cannot leverage online platforms for the purposes of spreading their violent and extreme fanatical propaganda.” he added during his reading. “These platforms should not be weaponised for evil purposes.”

According to the bill, “violent content” ranges from anything containing images or audio of terrorist attacks, to murder or attempted murder, and torture, among other things.

Companies who don’t take down these kinds of materials from their sites could end up with penalty fines of up to 10% of the corporate body’s annual turnover. Individuals found responsible could land in jail for up to three years.

Criticism of the Law

The legislation was first introduced by Australia’s Prime Minister last week, and many are critical of both the content of the bill and the speed in which it was passed.

The Law Council of Australia released a statement saying the bill, “could have serious unintended consequences and should not be rushed through the parliament.”

The council’s president, Arthur Moses, also said it could lead to increased amounts of censorship. “As we know, laws formulated as a knee-jerk reaction to a tragic event do not necessarily equate to good legislation and can have myriad unintended consequences,” he said.

“Whistleblowers may no longer be able to deploy social media to shine a light on atrocities committed around the world because social media companies will be required to remove certain content for fear of being charged with a crime. It could also lead to censorship of the media, which would be unacceptable.”

Tech company leaders are also taking issue with the law. Sunita Bose, the managing director of the Digital Industry Group Inc., which is an advocacy group that represents companies like Facebook and Google, told the New York Times that a lot of work has to be done to find a solution to this problem.

“With the vast volumes of content uploaded to the internet every second,” Bose said, “this is a highly complex problem that requires discussion with the technology industry, legal experts, the media and civil society to get the solution right — that didn’t happen this week.”

See What Others Are Saying: (The New York Times) (Associated Press) (Radio New Zealand)

International

Nigerian Gunmen Kidnap Over 300 Students From Boarding School

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  • Gunmen abducted 317 girls from a Nigerian boarding school early Friday morning, making it the second major abduction in the northwest area of the country in over a week.
  • Militants loaded some girls on trucks while others were walked into the nearby Rugu forest, which covers hundreds of miles and is spread over three states.
  • Authorities believe these abductions are being carried out by armed bandit groups seeking random rather than the jihadist groups in the region.
  • According to terror analysts, kidnapping is quickly becoming one of the most thriving industries in Nigeria and has led to 10.5 million Nigerian children being out of school – the most of any nation.

Abductions Before Dawn

Gunmen abducted 317 students early Friday morning from the Nigerian Government Girls Secondary School in Jangebe, Zamfara state.

They entered the building shooting, although it’s clear if anyone was hurt, and forced many girls onto trucks while others into the nearby Rugu forest, which covers hundreds of square miles and crosses multiple states. Some girls escaped, but by morning it was clear to the local community that hundreds were taken.

Zamfara police and security forces, backed by Nigerian army reinforcements, said they are in pursuit of the abductors.

This abduction is the second in a little over a week in the northwest area of the country. At the Kagara Government Science College in Niger state, dozens of schoolboys were abducted on February 17.

In December, 344 boys in Katsina state were also abducted before being freed a week later. At the time, the kidnappers claimed a ransom had been paid, a common motivation for such abductions, but security forces say the children were freed after they had surrounded the group.

Was the Kidnapping for Ransom?

Many abductions have a monetary aspect, with ransoms quickly being demanded; however, it’s currently unclear if Friday’s events were carried out by local bandits looking for a payout or one of the nation’s myriad of jihadist groups that occasionally take hostages.

Most are leaning towards believing this was a kidnapping for ransom due to it quickly becoming the nation’s most thriving industry, according to Bulama Bukarti, a terror analyst and columnist of northern Nigeria’s largest paper.

Unfortunately, the constant kidnapping in less-stable parts of the country, along with economic hardships, have caused parents to pull their children out of schools. Currently, there are more than 10.5 million Nigerian children out of school, the most of any nation. The issue is so prevalent that 1 in 5 of the world’s unschooled children are in Nigeria.

The government has struggled to respond to the rise of kidnappings, with officials both on the civilian side and within the military unsure of how to proceed. On one hand, there are those who want to deal with the issue head-on and attack kidnappers, but others want to try and resolve the issue with dialogue.

See what others are Saying: (NPR) (CNN) (Wall Street Journal)

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Malaysian Man Wins Challenge Against Islamic Law Banning Gay Sex

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  • On Thursday, a Malaysian man in the state of Selangor successfully challenged the state’s Sharia Law ban on gay sex.
  • His legal argument revolved around Malaysia’s two-track legal system that features Sharia Law Courts in some states for certain crimes, and Federal courts for everything else.
  • While the Islamic courts and Sharia law are allowed to regulate divorce, property, religion, and some criminal codes, they cannot enact laws that conflict with Federal law.
  • Malaysia’s top court unanimously found that Selangor’s Islamic-based anti-gay sex law conflicted with the countries rarely-enforced national ban on gay sex.

Malaysia Upholds Federal Law Over Sharia Law

The Malaysian LGBTQ+ community won a major legal victory in the Muslim-majority country on Thursday after a man successfully challenged an Islamic law ban on sex “against the order of nature.”

The case started back in Selangor state when eleven men were arrested for allegedly having sex together in 2018. In 2019, five admitted to the charge and received six strokes by cane, a fine, and jail terms of up to seven months.

But one man, whose name was withheld by his lawyers to protect his identity, challenged the charges. His defense revolved around how Malaysia’s legal system works.

The country, which is 60% Muslim, has both Islamic Sharia law and associated courts in many states, as well as federal laws and courts. The Sharia courts, locally called Syariah courts, are allowed to deal with Islamic law issues such as divorce, property, religion, and certain criminal matters. However, they’re barred from passing laws that conflict with federal law.

The accused pointed out that Malaysia already had an anti-gay sex statute that was leftover from its days as a British colony. The exact same statute can be found throughout former British colonial holdings like India and Pakistan and is known as Section 377.

His argument went on to say that therefore, Selangor shouldn’t have passed its Islamic anti-gay law and the Sharia court didn’t have jurisdiction over the matter.

An Important Victory

Malaysia’s top civil court unanimously agreed, striking down Selangor’s anti-gay sex statute for conflicting with federal law.

The ruling is considered a massive victory for LGBTQ+ people in Malaysia, despite there still being a federal anti-gay statute, because it’s rarely enforced. Similar laws in Muslim states, for instance, are far more restrictive and enforced by their courts. It’s also rare that such legal victories happen in Muslim-majority countries.

Even with this win, there are still other states with Islamic anti-gay statutes, but advocates are now more hopeful and confident about challenging those laws when they’re used again.

See what others are saying: (The Straits Times) (Reuters) (Independent)

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Anti-Asian Hate Crimes on the Rise in British Columbia

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  • A report given to Canadian police in Vancouver, British Columbia last week showed a 717% in hate crimes against Asians over the last year and a 97% increase in hate crimes overall.
  • Prosecutors have been urged to more seriously pursue hate crime charges, despite them being harder to prove in court.
  • The trend has been mirrored in Ontario, another Canadian province with significant Asian populations.

Massive Surges in Hate Crimes

The U.S. has struggled with anti-Asian hate crimes over the last year, especially in municipalities like New York City, which reported upwards of a 1,900% increase from one incident to 19 within the year.

However, the U.S. isn’t the only country dealing with the issue. Similar trends have been reported in Canada as well. A report given to the Vancouver police board last week found that in 2019, there were just 12 incidents of anti-Asian hate crimes reported in the city. In 2020, there was 98, which marks a 717% increase. Those numbers helped drive the stats of hate crimes in the city up 97% overall.

To be clear, crime overall has been on the rise, likely fueled by struggling local economies dealing with the ongoing COVID-19 pandemic.

Hard To Pursue Charges

The report has caused Solicitor-General Mike Farnworth to push local prosecutors to seek more hate crime charges.

The region has failed to actually bring charges for most reported hate incidents, with the past year only seeing just one charge filed despite police evidence of such hate crimes. The issue at hand is that adding a hate crime charge makes getting a conviction much harder.

The incidents have led to a push for more strict anti-racism legislation in the province, a position that John Horgan, the British Columbian Premier, has pushed for as far back as June 2020.

British Columbia, according to an assortment of Asian-Canadian advocacy groups, has the most incidents of anti-Asian hate crimes, followed by Ontario. This is especially notable because they are the number two and number one locations of Asian populations in Canada, respectively.

See what others are saying: (Vancouver Sun) (CBC) (CTV News)

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