Inquiry into the influence of international digital platforms

Dear Chair

The Digital Platform Regulators Forum (DP-REG) welcomes the opportunity to contribute to the Senate Economics References Committee inquiry into the influence of international digital platforms (the Inquiry).

DP-REG is an information sharing and collaboration initiative between Australian independent regulators. The purpose of this letter is to provide the Committee with an overview of DP-REG and how we are working together to promote a streamlined and cohesive approach to the regulation of digital platforms in Australia.

Background to DP-REG

The digital age has brought with it extraordinary advances, but it has also created new harms in the online environment. There are a wide range of regulatory interventions underway across the Australian Government to address these harms and protect Australians online, including in response to the ACCC’s Digital Platforms Inquiry and as part of legislative reforms to strengthen Australia’s online safety and privacy regimes.

Regulators working across these initiatives face many of the same challenges – addressing emerging harms to Australians, encouraging innovation while balancing protections, and limiting detriment from the market power of these large, complex and diverse multinational entities. An effective approach to the regulation of digital platforms requires collaboration and coordination between regulators given the need for complementary expertise to effectively address these challenges.

About DP-REG

In March 2022, the Australian Communications and Media Authority (ACMA), the Australian Competition and Consumer Commission (ACCC), the Office of the Australian Information Commissioner (OAIC), and the eSafety Commissioner (eSafety) formalised existing collaborative arrangements to form DP-REG (see attached infographic).

Through DP-REG, its members share information about, and collaborate on, cross-cutting issues and activities on the regulation of digital platforms. This includes consideration of how competition, consumer protection, privacy, online safety and data issues intersect. Where appropriate, DP-REG collectively engages with stakeholders on issues of mutual concern or interest.

DP-REG is not a decision-making body and has no bearing on members’ existing regulatory powers, legislative functions or responsibilities. Collaboration under 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 DP-REG on issues related to digital platforms.

The current DP-REG governance structure, as outlined in our terms of reference, enables effective cooperation and collaboration at various levels across our respective regulators.[1] The heads of each member regulator set the broad strategic direction of DP-REG, including agreement on the group’s annual strategic priorities.

Our strategic priorities for 2022-23, as outlined in our June 2022 communique, include a focus on assessing the impact of algorithms, seeking to improve transparency of digital platforms’ activities and how they are protecting users from potential harm, and increased collaboration and capacity building between the four members.[2]

Working groups progress the key priorities, projects and activities of DP-REG. Currently, DP-REG has three standing working groups:

  • Digital Technology Working Group to jointly explore relevant digital platform technologies (including algorithms) and their regulatory implications
  • Codes & Regulation Working Group to undertake activities that promote a consistent and coordinated approach to regulatory frameworks and common regulatory issues, and to build regulatory capability across DP-REG members
  • Data & Research Working Group to undertake activities that reduce barriers to and support the collection and sharing of relevant data, research and information across DP-REG members.

We trust this information provides the Committee with further context on DP-REG, its efforts to promote coordination between relevant regulators and our work priorities. The ACCC, the ACMA, the OAIC and eSafety have also contributed individual submissions to the Inquiry, each addressing separate issues from the terms of reference based on our different remits.

We would welcome further engagement with the Committee as part of this Inquiry – either individually in response to our standalone submissions, or jointly as independent regulators that are members of DP-REG.

Yours sincerely 

Nerida O’Loughlin PSM 
Chair, Australian Communications and Media Authority

Mick Keogh
Acting Chair, Australian Competition and Consumer Commission

Angelene Falk 
Australian Information Commissioner and Privacy Commissioner, Office of the Australian Information Commissioner

Julie Inman-Grant 
eSafety Commissioner, Office of the eSafety Commissioner

Footnotes

[1]. Digital Platform Regulators Forum Terms of Reference, 16 September 2022, ACMA website (accessed 19 January 2023).

[2]. DP-REG released a joint communique on 29 June 2022, which was published on each regulators’ website, see ACMA website, ACCC website, OAIC website, eSafety website.