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ACCAN has today welcomed the decisive action by the Australian Communications and Media Authority (ACMA) in holding Optus to account and issuing a $12 million fine for risking the welfare of hundreds of consumers during the widespread outage of November 2023. This latest fine signals the need for the company and its new CEO, Steven Rue, to put consumers first in its business practices.
The ACMA has found that 2145 people attempted to reach Triple Zero services during the outage, which it described as ‘preventable’. Optus failed to follow up on the welfare of nearly 370 customers once the outage was resolved, as they are required to do.
ACCAN CEO Carol Bennett said, “We know that new rules which set standards for telco practices during outages are soon to come into effect. Thankfully, this may serve to prevent this occurring in future.”
Read more: Optus cops major Triple Zero fine, must now put consumers first
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ACCAN recently submitted to the Productivity Commissions’ inquiry into the Opportunities in the Circular Economy. ACCAN’s submission sets out initiatives that would ease cost of living pressures on consumers and reduce the environmental impact of the communications sector.
ACCAN’s submission recommends the Government:
- Reform national policy settings to facilitate a competitive independent repair sector and develop a national repairability labelling scheme for consumer products.
- Legislate a Right to Repair following the recommendations of the Right to Repair inquiry report and taking into account the European Union’s Right to Repair Directive.
- Develop an information standard for refurbished devices to facilitate consumers effectively comparing the quality of refurbished internet devices.
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The peak body for communications consumers, the Australian Communications Consumer Action Network (ACCAN) today described the alleged actions of Optus in mis selling products to vulnerable consumers as ‘unconscionable’ and called on the Federal Minister for Communications Michelle Rowland to directly regulate the industry to end this pattern of behaviour by telcos.
The ACCC has today alleged disgraceful conduct by Optus – Australia’s second largest telco. Court action has been launched which accuses Optus of taking advantage of consumers, predominately First Nations, regional consumers, consumers with a disability, and low-income consumers.
Read more: Disgraceful Optus conduct must spur fundamental change in telco sector
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ACCAN recently submitted to the Australian Communications and Media Authority (ACMA) regarding the proposed Telecommunications (Customer Communications for Outages) Industry Standard 2024 (the standard). ACCAN welcomes the development of an industry standard for communications, having called for stronger action in this field following the Optus Outage on 8 November 2023.
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ACCAN recently submitted to the Parliamentary Joint Committee on Intelligence and Security (the Joint Committee) on the Cyber Security Legislative Package 2024 (the Legislative Package). ACCAN’s comments on the Legislative Package are restricted to the Cyber Security Bill 2024 (The Bill).
In this submission, ACCAN provides the Joint Committee with recommendations to improve the cybersecurity of consumers using connected devices, including Internet of Things devices, by improving the enforcement structures established under the Bill relating to the security standards of connected devices.
ACCAN recommends that:
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ACCAN recently commented on the Department of Industry, Science and Resources’ proposals paper for introducing mandatory guardrails for AI in high-risk settings (the paper).
Artificial Intelligence (AI) is a rapidly evolving and broad technology that, with the right regulatory settings, can provide material benefits for consumers. AI can offer tailored services for consumers and potentially drive efficiencies in business, lowering the cost for consumers. However, as the paper notes, AI also carries risks of consumer harm through discrimination and data breaches.
Read more: Proposals Paper for Introducing Mandatory Guardrails for AI in High-Risk Settings
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ACCAN recently submitted to the Environment and Communications Legislation Committee’s consultation on the Communications Legislation Amendment (Combatting Misinformation and Disinformation) Bill 2024 (the Bill).
In ACCAN’s view the Bill provides a foundation for tackling misinformation and disinformation on digital communications platforms. However, the Bill should be expanded to explicitly include measures which address consumer harms, such as minimum dispute resolution standards, which could be expanded to ensure appropriate complaints do not fall through the gaps.
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There is less than one week to go until Telstra and Optus close their 3G networks, and ACCAN is calling on consumers to make final preparations.
Despite significant efforts from major telcos, government, media and consumer representatives, some Australians will still be impacted by the shutdown.
In a recent update, Minister for Communications Michelle Rowland warned that there are still around 60,000 devices in the community that will not be able to contact Triple Zero after 28 October. This number is an improvement on initial estimates but remains too high.
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ACCAN recently submitted to the Senate Legal and Constitutional Affairs Committee to comment on the Privacy and Other Legislation Amendment Bill 2024 [Provisions] (the Bill).
ACCAN supports the Bill as a first step to modernising Australia’s privacy protections. However, Australian consumers have poor privacy protections by international standards and further reforms are needed now. ACCAN urges the Government to address all the remaining recommendations from the Attorney-General’s privacy report to ensure that Australians receive the same minimum privacy protections enjoyed by the rest of the world.
Read more: Privacy and Other Legislation Amendment Bill 2024 [Provisions]
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Holly Raiche has served ACCAN as a Board member for many years. She was a member of the ACCAN Working Group (involved with establishment of ACCAN) and was the Deputy Chair of ACCAN’s Founding Board.
She is a respected communications law scholar and consumer activist who has served Australia’s communications community in national and international roles.
Holly’s contributions extend far beyond her work with ACIF, CTN and ACCAN. Through the Internet Society of Australia, she has been involved in the far wider world of internet regulation and governance.
Her ability, experience and commitment to robust analysis of communications issues has assisted ACCAN and the Board in its’ advocacy for better outcomes for consumers.
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Today’s announcement from Prime Minister Anthony Albanese, Treasurer Jim Chalmers and Assistant Treasurer Stephen Jones reflects consistent efforts from consumer advocates to improve shady practices employed by some businesses, and particularly digital platforms.
Unfair practices cost consumers more than just money – it costs them valuable time, reduces consumer confidence in markets and distort consumers’ ability to make free choices. ‘Unfair’ trading practices fall into a category of conduct which can be harmful, subtly manipulative or exploitative, but don’t reach a legal benchmark for unconscionable conduct – which is illegal. This reform will plug the gap between the law and community expectations.
ACCAN CEO Carol Bennett welcomed this move from the Prime Minister and urged the government to consider any reforms which result in better consumer outcomes.