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Albanese government introduces draft digital duty of care laws, including algorithm opt-out

Social media companies face fines of more than $100 million under proposed reforms

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By LineZotpaper
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Prime Minister Anthony Albanese on Tuesday introduced draft laws that would require social media platforms to give Australian users the choice to opt out of algorithmic feeds, as part of a broader digital duty of care regime aimed at tackling online harm.

The long-awaited exposure draft, released by the government, would force social media companies to provide tools for users to control what they see in their online feeds under an initiative called My Feed, My Way. Regular pop-up messages would ask Australians whether they want to stick with the algorithm or only see content from people they follow.

“This is not about giving government control. It’s about giving people control. It’s about putting choice back into the hands of Australians online,” Albanese told reporters in Canberra.

The proposed law places the onus on platforms to identify and mitigate risks, including preventing the sharing of illegal content such as illegal pornography to adults. For users under 18, additional areas of “psycho-social harm” would be identified, including content about body image and bullying.

Companies found in breach of the law could face fines exceeding $100 million. The eSafety commissioner and registered independent researchers would be empowered to monitor platforms using “sock puppets” posing as children to assess what content is being served to young people.

The federal opposition has sent mixed signals on the algorithms. Shadow Communications Minister Sarah Henderson has previously referred to the “insidious psychological manipulation” of children through “dreadful algorithms”. Shadow Treasurer Tim Wilson, however, says algorithms merely “reflect back to people often the content they want to see” and raised concerns about censoring opinions.

Opposition Leader Angus Taylor said the Coalition had not seen the government’s proposal. “I am deeply sceptical. I fear that this is going to be an attempt by the government to censor social media, but as I say we haven’t seen it. Let’s see what the government comes forward with,” he told News24.

The Greens have called for a tougher approach, with Senator Sarah Hanson-Young proposing her own bill requiring users to “opt-in” for an algorithmic feed, arguing it would “give Australians a straightforward choice about whether they use algorithmically curated feeds, rather than leaving people at the mercy of systems designed to keep them scrolling and consuming toxic content”.

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Analysis

Why This Matters

  • Australian users would gain direct control over their social media feeds, potentially reducing exposure to algorithmically amplified harmful content.
  • The legislation sets a precedent for government regulation of platform algorithms, which could influence similar moves in other countries.
  • Hefty fines signal a tougher enforcement posture, putting pressure on tech giants to comply or face significant financial penalties.

Background

Australia has been gradually tightening rules around social media platforms, including earlier laws on misinformation and age verification. The digital duty of care concept has been debated for years, with the government arguing that platforms must take responsibility for the risks their systems create. Algorithms have been criticised for amplifying sensationalism, reinforcing echo chambers, and contributing to radicalisation, particularly among young people.

Key Perspectives

Government: Argues the reforms empower users and protect children, framing the approach as choice rather than censorship. “My Feed, My Way” gives users control over their own experience. Opposition (Coalition): Divided internally. Shadow Minister Henderson has criticised algorithms, but Shadow Treasurer Wilson defends them. Leader Taylor expresses scepticism, fearing government censorship, but says the Coalition will wait to see the legislation. Greens: Push for a tougher “opt-in” model for algorithmic feeds, arguing the government’s approach does not go far enough to protect users from manipulative systems. Tech companies: Not directly quoted in the articles, but likely to resist mandates that could reduce engagement metrics and advertising revenue.

What to Watch

  • The timeline for consultation and passage of the bill through parliament.
  • Whether the Coalition ultimately supports or opposes the legislation, given internal divisions.
  • How social media platforms respond to the requirement for pop-up prompts and algorithm opt-out tools.
  • The eSafety commissioner’s use of “sock puppets” to monitor children’s content – potential legal challenges from platforms.

Sources

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Zotpaper

Articles published under the Zotpaper byline are synthesized from multiple source publications by our AI editor and reviewed by our editorial process. Each story combines reporting from credible outlets to give readers a balanced, comprehensive view.