Responsibilities and rights: stepping up to the plate October ...

Responsibilities and rights: stepping up to the plate October ...

RESPONSIBILITIES AND RIGHTS: STEPPING UP TO THE PLATE OCTOBER 2019 Elizabeth Handsley Adjunct Professor of Law, La Trobe University President, Australian Council on Children and the Media RISKS POSED TO CHILDRENS

INTERESTS FROM (DIGITAL) MEDIA USE Aggressive Sexual Values Content Receiving (typically) mass-produced

content Contact Participating, not necessarily willingly, in a (typically) adultinitiated activity Conduct Perpetrator or victim in a peerto-peer exchange Violent / gory

content Pornographic content, sexualised portrayals of children Harassment, stalking Grooming, sexual abuse or exploitation Bullying, hostile

peer activity Sexual harassment, sexting Racist/ hateful/ Ideological sexually persuasion objectifying content Commercial Embedded marketing esp of food eg

advergaming Personal data abuse Negative usergenerated content Gambling, copyright infringement FROM Sonia Livingstone, Positioning Childrens Interests within Debates over Internet Governance in Cecilia von Feilitzen

et al (eds), New Questions, New Insights, New Approaches: Contributions to the Research Forum at the World Summit on Media for Children and Youth 2010 (Nordicom, 2011) (with embellishments by me) Consider also scary content pro-anorexia content overuse, addiction, impact on physical development opportunity cost IN AUSTRALIA

Government (de-)regulation TV, films, games, [internet?] Industry self-regulation esp advertising UNCROC: KEY ARTICLES Art 6(2) - survival and development Art 13(1) - expression and information Art 16 - privacy Art 17 - mass media, guidelines Art 19 - violence and abuse

Art 24 - health Art 29 - principles to underlie education Art 32 - economic exploitation CHILDRENS RIGHTS AND BUSINESS PRINCIPLES: KEY PROVISIONS 1. meet responsibility to respect childrens rights, commit to supporting human rights of children

5. Safe products and services, supporting childrens rights 6. Marketing and advertising respect and support childrens rights 10. Reinforce community and government THE FACE OF CHILDRENS RIGHTS: ROATHY OR JAZZY?

OR WHAT ABOUT JOEY? Either HOW IS RESPONSIBILITY USUALLY ENFORCED? Market mechanism / inherent selfinterest OR

Regulatory backstop / watchdog / police Parents interests dont always coincide with childrens interests WHY THESE DONT WORK FOR PARENTAL RESPONSIBILITY Especially other peoples childrens! General conception as private matter

Results: - throwing children to the wolves - burden on society - corporations laughing all the way to the bank PARENTS IN UNCROC A resource for children (art 7, 9, 18, 22, 23, 24) A source of harm to children (art 19) Responsible for children or having

duties (art 5, 14, 18, 27) Entitled to support from state / society (art 18, 19, 24, 27) Rights-bearers (art 3, 5, 9, 14, 29) THREE BASIC POINTS Yes, parents do have responsibilities, but they also have needs, and rights (incl a right to support in order to exercise their responsibility) The digital world has been designed without childrens interests and needs in mind, so imposes additional burdens on parents outsources responsibility to them A human rights approach says both government and industry should be supporting parents both by avoiding heaping (extra) responsibility on them and by providing them with information and

tools A FEW IDEAS A pause button in games? Auto-play defaulting to off? Standard terms for privacy? an NGO that collects info, bring complaints, makes researchbased submissions? QUESTIONS? Please contact [email protected]

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