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 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)