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Australia to bring anti-scam law targeting internet giants this year, regulator 
says

By Byron Kaye July 12, 20242:46 PM Updated 3 hours ago
https://www.reuters.com/technology/australia-bring-anti-scam-law-targeting-internet-giants-this-year-regulator-says-2024-07-12/

SYDNEY, July 12 (Reuters) - Australia plans to introduce a law by the end of 
the year forcing internet companies to proactively stop hosting scams or face 
hefty fines, the top consumer regulator said on Friday, potentially setting up 
another showdown with Big Tech.

The Australian Competition and Consumer Commission (ACCC) and the treasury 
department are consulting internet, banking and telecommunications firms about 
creating a mandatory, enforceable anti-scam code which legally requires them 
take reasonable steps to protect users, including offering an effective 
complaint service.

In Australia, cryptocurrency scam advertisements featuring the face of mining 
billionaire Andrew Forrest have led to Australians losing millions of dollars, 
according to Forrest. He is suing Facebook owner Meta (META.O), opens new tab 
over the advertisements in California after saying he was unable to force Meta 
to take action domestically.

Currently only telecommunications providers face specific anti-scam regulation 
in Australia, according to the government. But the amount lost by Australians 
to scams tripled to A$2.7 billion ($1.8 billion) from 2020 to 2023, in line 
with global trends, as the pandemic sent more people online.

That prompted the ACCC to push for new laws making all participating industries 
accountable. Putting legal liability on internet platforms may create a new 
point of conflict between Australia and an industry that has typically leaned 
on U.S. laws, which largely exempt them from responsibility.

Already, a law designed by the ACCC forcing internet companies to pay media 
companies licensing fees for links to content has resulted in Meta saying it 
may block media content on Facebook in Australia.

"We are hoping to see them being rolled out in the course of this period to the 
end of this year," ACCC Chair Gina Cass-Gottlieb said by phone, referring to 
mandatory anti-scam codes applying to each industry.

"We do need, we think, very clear and specific enforceable legal obligations."

Failure to comply with the codes would subject companies to fines of A$50 
million, three times the benefit gained by wrongdoing or 30% of turnover at the 
time it took place, the treasury department has said.

The ACCC is separately suing Meta for what it says is a failure to stop the 
publication of advertisements for cryptocurrency scams featuring faces of 
prominent Australians, including Forrest.

Meta is defending the case the ACCC filed in March 2022 and which is still at a 
pre-trial stage. Cass-Gottlieb said a mandatory code would reduce the need for 
"backward-looking" and time-consuming court enforcement that involved 
investigation, preparation and resolution of a lawsuit, plus appeals.

Meta declined to comment on the anti-scam code's timing. The company said in a 
submission in January it wanted a voluntary code and the planned mandatory code 
might result in companies prioritising compliance over innovation.
($1 = 1.4793 Australian dollars)

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