1. Purpose and Scope
The Digital Platform Regulators Forum (DP-REG) is an avenue for Australian regulators to share information about, and collaborate on, cross-cutting issues and activities relating to the regulation of digital platforms. For the purposes of this forum, a ‘digital platform’ includes, but is not limited to, internet search engines, digital content aggregators, social media services, private messaging services, media referral services and electronic marketplaces.
There are a wide range of interventions underway across the Australian Government, including in response to the ACCC’s 2019 Digital Platforms Inquiry Final Report and as part of recent legislative reforms to strengthen Australia’s online safety regime.
Regulators working across these initiatives face many of the same challenges – addressing emerging consumer harms, encouraging innovation while balancing protections, and countering the market power of these large, complex and diverse multinational entities. A critical and overarching focus is considering how competition, consumer protection, privacy, online safety and data intersect in issues that the various regulators consider.
The DP-REG seeks to increase cooperation and information sharing between digital platform regulators on broad areas of intersection, including new and novel regulatory approaches. The DP-REG also provides members with an opportunity to promote proportionate, cohesive, well-designed and efficiently implemented digital platform regulation.
The DP-REG is not a decision-making body and has no bearing on members’ existing regulatory powers, legislative functions or responsibilities. Collaboration under the DP-REG is intended to be flexible and recognise the limits of each member’s respective regulatory frameworks. Members are not impeded or prevented from engaging bilaterally or outside of the DP-REG on issues related to digital platforms. Issues relating to cyber security or cybercrime are outside of the scope of this body. This Terms of Reference does not create any enforceable rights or impose any legally binding obligations on any member.
Each party agrees to bear its own costs in relation to the DP-REG.
2. Membership
The heads of the Australian Competition and Consumer Commission (ACCC), Australian Communications and Media Authority (ACMA), Office of the Australian Information Commissioner (OAIC) and the Office of the eSafety Commissioner (eSafety) constitute DP-REG.
By agreement among all existing members, other relevant Australian regulators may be invited to join the DP-REG or attend meetings on an ad hoc basis.
3. Governance
The DP-REG is led by a rotating Chair, who is responsible for setting the forward agenda, presiding over meetings, and seeking agreement from members on DP-REG activities.
The Chair will be supported by a Secretariat, who is responsible for organising meetings, calling for items, compiling and circulating relevant papers, and taking minutes. The Chairing arrangements will be revisited annually and may be altered by agreement.
4. Meetings
Meetings between the heads of the relevant regulators will be held biannually. These meetings set the broad strategic direction of DP-REG including setting annual strategic priorities.
A senior-level steering committee will meet every 2 months, either virtually or in-person. The purpose of these meetings is to update members on relevant developments, share information on cross-cutting issues, and discuss DP-REG activities.
With the agreement of members, the Chair may invite relevant stakeholders to observe meetings or present on issues relating to the regulation of digital platforms. This may include officials from other Australian regulators, portfolio agencies and policy departments, international regulatory bodies, or digital platforms.
DP-REG may also establish permanent or ad hoc working groups to facilitate its activities.
The Chair may also seek to convene additional ad hoc meetings as considered necessary.
5. Goals of the DP-REG
DP-REG’s goals guide the purpose, direction and objectives of DP-REG. Members will work together to achieve DP-REG’s goals, being:
To build capacity
Through the DP-REG, members will build their regulatory capacity in relation to the regulation of digital platforms. DP-REG will look for opportunities to continuously develop the skills, knowledge and expertise of staff needed for effective digital platform regulation and leverage knowledge across regulators to avoid duplicated efforts.
To promote regulatory coherence
Through the DP-REG, members will collaborate on areas of shared regulatory interest in relation to digital platforms and work to provide coherent regulatory expectations in these areas. This includes sharing regulatory intelligence to identify and address areas of potential tension between regimes, and to provide clear outcomes to industry and the public.
To respond to emerging risks and opportunities
Through the DP-REG, members will proactively identify and study emerging risks and opportunities relevant to their regulatory remit due to digital platform technology. Where necessary and appropriate, DP-REG member will consider strategic responses to ensure that Australia’s digital economy is a safe, trusted, fair, innovative and competitive space.
6. Review
The DP-REG will review its Terms of Reference annually, or as necessary, such as upon changes to membership or new legislative or regulatory priorities relating to digital platforms. Any term of this Terms of Reference may be amended at any time with the written consent of each member.