Greens push for right to sue Big Tech, seeking to toughen digital duty of care laws

As Labor prepares to introduce its long-awaited digital duty of care legislation to parliament this week, the Greens have signalled they will drive a hard bargain. The party's communications spokesperson, Sarah Hanson-Young, said the laws must do more to address the addictive nature of platforms and empower individuals.

"To meaningfully change the behaviour of big tech companies, the digital duty of care laws must include the right for Australians who have been harmed online to be able to take legal action and seek compensation for the damage done," Hanson-Young said. "Enforcement of the digital duty of care cannot be left to the eSafety commissioner alone."

The government is already preparing to ditch a controversial provision that would have given the communications minister discretion to designate new harms, after criticism from the Coalition, One Nation and the Greens. The proposed laws are designed to hold companies such as Meta and X accountable for harmful content, including pornography, eating-disorder promotion and material hostile to women, with specific protections for under-18s. A "my feed, my way" initiative would allow all Australians to opt out of algorithmic recommendations and use a chronological feed of accounts they follow.

Last month the government said it would legislate fines of more than A$100 million for platforms that fail to protect users. The Greens want those penalties scaled to a percentage of a company's global turnover, a step they argue would more effectively deter misconduct.

With the Coalition opposed to the duty of care plan, the Greens hold significant leverage. The negotiations will be the first under new Greens leader David Shoebridge, who has flagged a tougher approach than his predecessor. Shoebridge is also expected to introduce a separate bill this week to ban the importation of wearable technology used for surreptitious recording, dubbed "pervert glasses".

Labor is seeking to combine the digital duty of care laws with other budget measures, including changes to the tax treatment of trusts and a gas reservation policy, in a bid to clear its legislative agenda.

Analysis

Why This Matters

If enacted, a private right of action would allow Australians to pursue compensation for online harms such as harassment, algorithmic addiction or exposure to harmful content, potentially shifting the liability landscape for platforms.
The Greens' demand for revenue-based fines could substantially increase the financial risk for companies like Meta and X, making compliance a board-level priority.
The outcome of these negotiations will set a precedent for how Australia regulates social media and could influence similar efforts in other countries.

Background

Australia has been at the forefront of digital regulation, having passed a landmark social media ban for under-16s in 2024. The digital duty of care laws represent the next phase, aiming to impose a positive obligation on platforms to prevent harm rather than simply responding to complaints. The legislation was unveiled last month and is due to be introduced alongside trust tax reforms and a gas reservation bill. The government originally included ministerial discretion to add new categories of harm, but is now dropping that element after bipartisan criticism.

Key Perspectives

[Greens]: Argue the proposed laws lack teeth. They want individuals to have a private right to sue, and fines tied to global revenue to ensure penalties are proportionate to corporate size. They also want stronger measures against algorithmic addiction. [Government (Labor)]: Seeks to pass the duty of care as a centrepiece of its online safety agenda. Has conceded on ministerial discretion but is resisting a private right of action, preferring enforcement through the eSafety commissioner. Needs the Greens' support given Coalition opposition. [Coalition and Big Tech]: The Coalition opposes the duty of care framework outright, arguing it overreaches. Tech companies are likely to resist both revenue-based fines and individual litigation rights, warning of legal uncertainty and compliance costs.

What to Watch

Introduction of the digital duty of care bill in parliament this week, and whether the government tables amendments before debate.
The Greens' exact negotiating demands and whether Shoebridge's tougher stance leads to a standoff or a compromise.
The Coalition's response: it may seek to block the bill entirely, forcing Labor to rely on the Greens and crossbench senators.

Analysis

Why This Matters

Background

Key Perspectives

What to Watch

Sources