After being shelved in 2024, the draft bill – if passed – would place a legal duty on digital service providers such as social media platforms, messaging apps, generative AI services and online games to create safer online environments.

Minister for Communications Anika Wells described the approach as analogous to basic safety standards for physical products. "Just as we have basic safety standards for cars, toys or food, the duty of care applies basic standards for the online products we use every day," she said.

Under the legislation, platforms such as Facebook, Instagram and TikTok must give users the choice of whether their default feed is algorithmically personalised or shows only content from people they follow. This would appear as a popup box. Wells acknowledged many users may keep recommendation algorithms but argued the value lies in giving people control: "It's empowering."

The bill also requires digital service providers to protect all users from seriously harmful material, including child sexual exploitation, grooming, terrorism content and material encouraging criminal offences. Additional protections apply to teenagers and children, covering pornography, content encouraging disordered eating, hostile attitudes towards women, dangerous stunts, and harassment or bullying.

Companies must conduct regular risk assessments identifying "all reasonably foreseeable risks" and make these available to the eSafety Commissioner within 30 days if requested. The commissioner would also gain powers to issue removal notices for "nudify" apps and websites, and streamlined schemes for child cyberbullying and adult cyber abuse would be introduced.