CANBERRA: The Albanese Government has unveiled draft legislation for a new Digital Duty of Care, aimed at strengthening online safety and giving Australians greater control over their digital experiences.
The proposed laws, released for targeted consultation, would place greater responsibility on digital service providers to create safer online environments and meet minimum standards for the design and operation of their platforms.
A key feature of the proposal is the Australian-first “My Feed, My Way” initiative, which would give social media users over the age of 16 greater control over the content displayed in their default feeds.
Under the proposed system, social media platforms would be required to notify new and existing users of their feed options. Users could choose to receive personalised content recommended by algorithms or opt out and instead see content primarily from friends and creators they have chosen to follow.
Prime Minister Anthony Albanese said the policy was about giving people greater control rather than increasing government control over online platforms.
“This is not about giving government control, it is about giving people control,” Albanese said.
The proposed Digital Duty of Care would extend beyond social media to other digital services, including online games, apps, messaging platforms and artificial intelligence chatbots.
Providers would be required to take steps to protect people under 18 from design features that could have negative behavioural or psychological effects, including addictive features and features that may negatively affect self-esteem.
The laws would also require platforms to protect children from harmful content, including material promoting eating disorders, hostile ideas about women and gender equality, pornography, the glorification of crime or dangerous stunts, and content that causes serious mental health distress, including abuse and bullying.
The draft legislation would give the eSafety Commissioner additional powers, including the ability to issue removal notices for so-called nudify apps and websites. It would also streamline existing child cyberbullying and adult cyber abuse schemes to allow harmful material to be addressed more quickly.
Digital platforms would be required to document measures taken to identify and address risks to Australian users and demonstrate that those measures remain effective over time.
Companies that fail to comply with the proposed Digital Duty of Care could face penalties of up to A$109.2 million, with the independent eSafety Commissioner responsible for compliance and enforcement.
Communications Minister Anika Wells compared the proposed framework with safety standards that apply to products such as cars, toys and food.
“Just as we have basic safety standards for cars, toys or food, the duty of care applies basic standards to the online products we use every day,” Wells said.
She said the framework would extend protections to children across a range of digital services while giving parents additional tools to help keep their families safe online.
The Government is seeking feedback from digital platforms, industry groups, civil society organisations and advocates before introducing the legislation to Parliament later this year.
The proposed Digital Duty of Care follows Australia’s recently introduced social media age restrictions and represents a broader push by the Albanese Government to strengthen online safety and hold digital service providers accountable for harms occurring on their platforms.








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