Australia’s claim to stewarding the safest digital space on planet Earth took another step forward on October 1 when Communications Minister Michelle Rowland announced a “voluntary” code of conduct agreed to by online dating platforms Bumble, Grindr and Match Group Inc., a Texas-based company that owns platforms including Hinge, OKCupid, Plenty of Fish, and Tinder. The code is overseen by an independent compliance committee with the power to issue formal warnings, order the development of a plan for a company to meet its code obligations, and issue “suspension or formal removal” from the code, which would prohibit an app from the use of any accreditation or reference to compliance with the code. The signatories have until April 1 next year to make changes to their systems to comply with its terms. After that date, “the eSafety Commissioner will assess the effectiveness of the code and provide advice to Government on its adequacy – including whether further regulatory action is required.”
The code comes hot on the heels of the government’s announcement that it plans to ban social media use by children (those younger than an age yet to be determined), and the implementation of employment legislation granting workers the right to disconnect from work communications out of working hours. It also follows the eSafety commissioner’s failed attempt to get Elon Musk’s X to delete access outside Australia to streaming footage of a teen stabbing an Assyrian bishop during his sermon. The commissioner claimed that as a quarter of Australians access the internet using devices that get around standard geo-blocking technologies, she could keep Australians safe only by banning worldwide access to the allegedly harmful content. The Australian court, and Musk, did not agree that she had such powers.
The code requires online dating platforms to have systems to detect potential incidents of “online-enabled” harm and take action against users who violate a company’s online safety policies. This includes the termination of offenders’ accounts, not just on the platform on which they have committed offenses, but on all dating platforms operated by the same provider. Apps must also display prominent and transparent complaint and reporting mechanisms and provide regular reports to the eSafety commissioner detailing the number of Australian accounts terminated and their content moderation activities.
Dating apps must also proactively engage with law enforcement, including escalating complaints when there is an imminent threat to safety. The apps will also have a new rating system applied against them, so users can assess how they measure up against their safety obligations.
Intervention was deemed necessary following the Australian Institute of Criminology finding in 2022 that three-quarters of dating app users had been subjected to online sexual violence in the previous five years. This ranged from being sent unwanted sexually explicit pictures to being threatened. According to one respondent, “the most common online is abuse around whether a person thinks you haven’t responded quick enough or in a manner they want. Or people sending explicit sexual images without any warning or any conversations beforehand.” One-third of respondents reported being subjected to in-person sexual violence by someone they had met on a dating app or website, including being physically or verbally pressured into performing unwanted sexual acts or having their drink spiked.
Rowland opined that while online dating is the most common way of meeting a partner in Australia, “the level of violence and abuse experienced by users of these platforms is deeply concerning.” Social Services Minister Amanda Rishworth said the dating code would help Australians make choices about which apps they use. “Everyone deserves to live a life free of violence, no matter where they are — and this includes online.”
However, doubts remain as to whether the code is going to be entirely effective in reducing harms. The signatory platforms compose only 75 percent of the Australian market, so much rests on consumer awareness of the apps abiding by the code. “Bad actors” may still proliferate on “off-code” sites, where they may prey on uninformed consumers. Furthermore, dating apps may be losing their appeal. Many users uncomfortable with them have chosen to delete. Also un-partnered Gen-Zers cite fear of rejection and “cringe” as reasons not to use them in the first place.
At best, then, the signatory dating apps may be seen as “cleaning up their act.” Just as with public drunkenness, policing the town square keeps it clean, but does nothing to eliminate harmful behavior moving to spaces and places where monitoring is not occurring. A lot of effort will be spent in verifying that the watched platforms are compliant, instead of addressing the real causes of harm which lie within human actors and their actions, not the apps they use.
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