Australian terrorism legislation and children’s rights contraventions: Downloading violent extremist materials

Abstract

New Australian legislation proscribes the accessing of violent extremist materials online as a terrorism offence, even if the person has no intention to commit a violent act. Given the increasing prevalence of young people accessing such material, these offences may disproportionately affect children as young as 10 and exacerbate existing children’s rights issues within Australia’s counter-terrorism framework, including harsh sentencing, the minimum non-parole period and the presumption against bail. This article argues that the 2023 legislation creates an earlier pathway into terrorism prosecution instead of prioritising diversion, and therefore contravenes our international obligations to protect the rights of children.