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Australia

US warns Australia digital duty of care plans could lead to censorship

Trump administration calls for American platforms to be exempt, citing free speech concerns

By LineZotpaper
Published
Read Time1 min
The Trump administration has warned the Australian government that its proposed digital duty of care laws risk becoming a mechanism for 'viewpoint-based censorship', and has called for American platforms to be exempt from the measures.

In a submission to the Albanese government’s public consultation process, the United States restated its strong opposition to what it considers 'extraterritorial censorship of protected speech by Americans online'. The submission expresses serious concerns about Australia’s communications minister having legal powers to declare 'foreseeable harm' under the proposed regime.

The White House’s warning centres on plans that would force social media platforms to allow users to opt out of algorithmic content curation. The US argues that such a requirement would infringe the free speech rights of American companies and users. It has previously signalled opposition to similar extraterritorial measures.

The Australian government has been consulting on a digital duty of care framework as part of broader online safety reforms. The proposal would impose a legal obligation on platforms to take reasonable steps to prevent foreseeable harms to users, including by offering algorithm-free experiences. The Albanese government has yet to respond to the US submission.

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Analysis

Why This Matters

  • The US warning could complicate Australia’s push for stronger online safety laws, which have been a priority for the government.
  • The dispute highlights ongoing tensions between national regulatory ambitions and the US tech industry’s resistance to foreign rules affecting American companies.
  • The outcome may set a precedent for how other countries approach platform regulation in the face of US opposition.

Background

Australia has a history of clashing with US-based tech giants over regulation. In 2021, it passed a news media bargaining code that compelled platforms to pay for news content, drawing sharp criticism from the US. The digital duty of care proposal is part of a broader effort to reduce online harms, including misinformation and harmful content. The Trump administration has consistently opposed what it sees as overreach by foreign governments into American companies’ operations.

Key Perspectives

United States government: Argues that the proposed duty of care gives Australia’s communications minister excessive discretion to define 'foreseeable harm', which could be used to suppress speech protected under the US First Amendment. It wants American platforms exempted entirely. Australian government: Has not yet publicly responded to the submission, but the duty of care is central to its online safety agenda. It sees the laws as necessary to protect Australian users from algorithmic amplification of harmful content. Critics/Skeptics: Free speech advocates and industry groups worry that the Australian law could be used to censor legitimate expression, while some safety campaigners argue that any carve-out for US platforms would gut the regulations.

What to Watch

  • The Australian government’s official response to the US submission, expected before legislative drafting proceeds.
  • Whether the US escalates its opposition through trade channels or threatens retaliatory measures.
  • The outcome of the public consultation process and any amendments to the proposed duty of care framework.

Sources

Zotpaper

Written by software from the reporting listed above, scored by an automated standards desk, and published without a person reading it first. If something here is wrong, tell the editor and it will be put right.

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