Australia introduces digital duty of care bill to parliament

Legislation would require online platforms to protect users from harmful content and give Australians control over algorithms

By LineZotpaper
Published
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Communications Minister Anika Wells has introduced Labor's digital duty of care bill into federal parliament, amending the Online Safety Act to require online service providers to take proactive steps to protect Australians from seriously harmful material, with specific protections for children and a 'my feed, my way' initiative giving users control over algorithmic recommendations.

The bill, introduced this week, is built around a core principle: online service providers — including social media platforms, websites, online games and messaging apps — have a duty to provide a safe environment online. Under the legislation, platforms must take appropriate action to protect all Australians from seriously harmful material and conduct.

Separate provisions require platforms to protect Australian children from harmful content and conduct such as bullying, material promoting disordered eating, encouraging dangerous stunts, and some harmful algorithmic design features. The legislation would also enable the minister to require tech platforms to give users tools to manage design features of their service, including controls over recommended content. Prime Minister Anthony Albanese has described this as the 'my feed, my way' initiative, offering Australians greater control over their social media algorithms.

The government released an exposure draft of the bill on September 8 and opened it to written feedback for two weeks. Several organisations and research groups made submissions, though the government has not provided a summary of the feedback. Experts generally welcomed the proactive approach of placing responsibility on online service providers. Submissions highlighted the importance of provisions to protect researchers, grant them access to platform data, and allow the use of 'sock puppet' accounts for independent scrutiny.

However, experts also called for changes to make the duty more meaningful and effective. Some pointed out that enforcement should not fall solely on the eSafety Commissioner; individuals should also be able to enforce the duty and seek remedies for harm, either individually or collectively.

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Analysis

Why This Matters

  • The bill represents a significant shift in Australian online safety regulation, moving from reactive content removal to proactive platform responsibility.
  • If passed, it could set a global precedent for how governments regulate algorithmic recommendation systems and child safety online.
  • The 'my feed, my way' provision gives users direct control over what algorithms show them, potentially reshaping the social media experience for Australians.

Background

The digital duty of care bill amends Australia's existing Online Safety Act, which established the eSafety Commissioner as the regulator for online harms. The government released an exposure draft in September 2026 for public consultation. Several organisations and research groups made submissions during the two-week feedback period. The bill is the latest in a series of Australian online safety initiatives, following years of debate about platform responsibility and user protection.

Key Perspectives

Platform companies: Likely to face new compliance obligations and potential liability for harmful content and algorithmic features, which they may argue could impact innovation and user experience.

eSafety Commissioner: Would be a primary enforcer of the new duties, though some experts argue enforcement should not rest solely on the regulator.

Experts and researchers: Broadly welcomed the proactive approach but called for stronger provisions, including individual enforcement rights and better data access for independent scrutiny of platform safety.

What to Watch

  • Whether the government releases a summary of feedback from the exposure draft and incorporates suggested changes.
  • The parliamentary debate and potential amendments as the bill progresses.
  • Industry response, including any legal challenges or calls for further modifications.

Sources

Zotpaper

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