Opposition Minister Demands Independent Review of eSafety Commissioner's Powers Amid Digital ID Concerns
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Shadow Communications Minister Melissa McIntosh is intensifying calls for an independent investigation into the eSafety Commissioner’s authority, raising concerns about potential mandatory digital identification requirements for adult Australians despite recent briefings intended to address her criticisms.
McIntosh confirmed Thursday she met with eSafety Commissioner Julie Inman Grant approximately two weeks ago after sustained pressure from the opposition, also receiving a five-page letter responding to her concerns. However, the Liberal MP for Moncrieff maintains her position that the office’s powers warrant external scrutiny, particularly regarding age verification mechanisms as Australia approaches a December 10 deadline for implementing social media restrictions.
“She has the powers to compel people to use digital ID, which I know so many Australians hate the idea of that, particularly when it comes to verification of age,” McIntosh said during a television interview Thursday morning.
The Shadow Minister emphasized that while the Coalition established the eSafety Commissioner position a decade ago, contemporary circumstances demand reassessment of the statutory office’s authority.
“Times have changed,” McIntosh said. “I think it is very reasonable to be looking at those powers and what she can be doing as an unelected official.”
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OVERSIGHT MECHANISMS QUESTIONED
In her correspondence to McIntosh, Commissioner Inman Grant outlined existing oversight frameworks, noting that her decisions are reviewable by the Administrative Review Tribunal, the Federal Court of Australia, and the Commonwealth Ombudsman. The Commissioner reportedly emphasized her intention to address all concerns raised by the opposition.
McIntosh dismissed these safeguards as insufficient, characterizing the review bodies as “other government bureaucracies” and advocating for either an independent review or Senate inquiry to examine the Commissioner’s scope of authority.
“We want to ensure that any restrictions placed on Australians are in the best interests of children, children only,” McIntosh stated. “When people, adults, are compelled to use digital ID to verify their age, that’s where people start having a problem.”
The Shadow Minister claimed she receives “many, many” daily contacts from constituents expressing concerns about the Commissioner’s powers, though she did not provide specific numbers or details about the nature of these communications.
STATUTORY INDEPENDENCE DEBATE
When challenged about repeatedly describing the eSafety Commissioner as “unelected” — a standard characteristic of statutory appointments designed to ensure independence from political influence — McIntosh defended her terminology.
“She has an extraordinary amount of power for an unelected official,” McIntosh said. “The Australian public didn’t vote for her powers, for what she can and can’t control over their lives.”
The Shadow Minister stressed her critique targets the position’s authority rather than the individual officeholder, stating: “It’s not personal against her. This position was established 10 years ago. Is it still fit for purpose and doing the right thing by Australians?”
According to government records, the eSafety Commissioner role was created under the Coalition government in 2015 as part of efforts to address online safety concerns, particularly for children. The office has since expanded its remit to include oversight of various internet safety initiatives and enforcement mechanisms.
SOCIAL MEDIA BAN IMPLEMENTATION CONCERNS
McIntosh’s scrutiny of the eSafety Commissioner comes as the government prepares to implement age restrictions on social media platforms, with enforcement beginning December 10. The Shadow Minister expressed skepticism about the ban’s effectiveness while maintaining qualified support for the policy.
“We are a couple of weeks out from December 10 when kids can no longer go online and we still don’t know which platforms are in or out,” McIntosh said. “We’re waiting for the eSafety Commissioner to tell Australians that.”
The Coalition’s communications spokesperson criticized the government’s public information campaign as “really weak” and insufficient, describing it as “just a glossy advertising campaign” that fails to adequately prepare families and schools for the upcoming changes.
When pressed directly on whether she continues to support the social media ban — a policy the Coalition took to the election — McIntosh provided a carefully calibrated response.
“I want the children of Australia to be safe. It was our policy going into the election. I can’t all of a sudden say we just don’t want that to happen now. That would be an odd position to have,” she said. “But I do have questions around whether it is going to work when there’s still so many questions to be answered.”
PARENTAL CONCERNS AND STAKEHOLDER FEEDBACK
McIntosh referenced conversations with parents who have lost children to social media-related harm, claiming they expressed concern that the government has inadequately communicated the impending restrictions to Australian families and educational institutions.
“They said they didn’t have confidence in the government that they were letting Australian children, families and schools know that this was coming,” the Shadow Minister reported.
The implementation timeline has become a focal point of McIntosh’s criticism, with the opposition spokesperson highlighting that critical details remain unresolved mere weeks before the restriction takes effect.
“We still don’t know whether platforms are in or out,” McIntosh reiterated, suggesting the uncertainty undermines confidence in the policy’s execution.
DIGITAL ID IMPLICATIONS
Central to McIntosh’s concerns is the potential requirement for adult Australians to verify their age through digital identification systems when accessing social media and other online platforms. While the eSafety Commissioner has authority to mandate such verification methods, McIntosh emphasized that the mere existence of this power — regardless of whether it is currently exercised — warrants scrutiny.
“Whether the eSafety Commissioner decides to use that power or not, well, she has that power and she can use it,” McIntosh said. “So these are all reasonable questions to ask.”
The Shadow Minister’s focus on digital ID reflects broader community concerns about privacy and government surveillance, particularly among constituencies wary of centralized identification systems for internet access.
POLITICAL CONTEXT
McIntosh’s critique presents the opposition with a delicate balancing act: holding the government accountable for implementation details while maintaining support for a policy the Coalition championed during the election campaign. The Shadow Minister has attempted to frame her position as constructive oversight rather than opposition to child safety measures.
“I’m not saying can the eSafety Commissioner,” McIntosh clarified, using colloquial language to emphasize she is not calling for the position’s elimination. “I am saying let’s have a look at whether her powers in today’s world... are still fit for purpose.”
The government has not yet publicly responded to McIntosh’s renewed calls for an independent review or Senate inquiry into the eSafety Commissioner’s authority. The Commissioner’s office has maintained that existing oversight mechanisms provide adequate accountability and that the office operates within its statutory mandate.
As the December 10 deadline approaches, both the government’s implementation strategy and the opposition’s oversight role are likely to intensify scrutiny of Australia’s digital safety regulatory framework and the balance between child protection and individual privacy rights.
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