Labor scraps ministerial discretion in digital duty of care bill to secure passage

Online safety legislation introduced with Greens-backed compromise removing 'stumbling block'

By LineZotpaper
Published
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The Albanese government has dropped controversial ministerial powers from its digital duty of care bill, a move Communications Minister Anika Wells says removes a key stumbling block to the legislation's passage through parliament.

The bill, introduced to parliament on Thursday, will require large technology companies to mitigate and protect under-18s from harmful content on their platforms. It will also allow users to opt out of the algorithmic servers used by social media companies.

Speaking to Channel Nine, Wells said she had been in discussions with the Greens and expects the bill to pass before the end of the year. The original provision granting ministerial discretion had been a point of contention.

"It has been a clear stumbling block for other political parties. They wanted parliament to have that scrutiny," Wells said. Under the amendment, the minister will bring changes to the Online Safety Act when declaring a serious harm, with parliament considering that action.

The bill is part of Labor's broader push to improve online safety, particularly for children. The government has not specified exactly when the legislation will be debated or voted on.

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Analysis

Why This Matters

  • The bill will impose new obligations on big tech to protect minors, a priority for the government.
  • Removing ministerial powers addresses concerns about unaccountable executive decision-making.
  • If passed, Australia would join a growing number of countries enforcing stricter online safety regulations.

Background

The digital duty of care bill has been a key piece of Labor's online safety agenda. It requires platforms to take reasonable steps to prevent harm to children. The ministerial discretion clause, which would have allowed the minister to make determinations without parliamentary oversight, had been a point of contention with crossbench and Greens MPs.

Key Perspectives

Government: Argues the revised bill balances safety with accountability, with the minister able to act but subject to parliamentary scrutiny. Greens and crossbench: Had opposed the ministerial powers; the amendment appears to have secured their support. Tech companies: Likely to face new compliance requirements, though the industry's position has not been detailed in this report.

What to Watch

  • Speed of passage through both houses of parliament.
  • Any further amendments during committee stages.
  • Industry response once the bill is formally introduced.

Sources

Zotpaper

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