Australia Proposes Digital Duty of Care Laws to Enhance Online Safety and User Control

The Australian government has unveiled draft legislation for a Digital Duty of Care, designed to enhance online safety and provide users with greater control over their digital experiences. This initiative follows the country’s pioneering social media age restrictions and aims to set minimum safety standards for digital service providers. A key feature of the proposed laws is the "My Feed, My Way" program, which would require social media platforms to notify users about their default feed settings. Users over 16 years old could choose to either receive algorithmically personalized content or opt for a feed that displays posts only from friends and creators they follow. This measure seeks to give Australians more autonomy over the content they see on social media. Beyond social media, the legislation targets digital services such as online games, apps, and AI chatbots, mandating protections for users under 18. Platforms would need to prevent exposure to harmful features and content, including material that promotes eating disorders, hostile views on gender equality, pornography, glorification of crime or dangerous stunts, and content causing serious mental health distress like bullying. The draft laws also empower the eSafety Commissioner to issue removal notices for harmful apps and websites, streamline cyberbullying and cyber abuse response schemes, and require platforms to document and maintain effective harm mitigation measures. Non-compliance could result in penalties up to AUD 109.2 million. Prime Minister Anthony Albanese emphasized that the legislation aims to give individuals control over their online experiences rather than increasing government oversight. Communications Minister Anika Wells highlighted that the duty of care would establish basic safety standards for digital products and provide parents with tools to protect their families online. The government is currently seeking feedback from stakeholders, including digital platforms, industry groups, and advocacy organizations, with plans to introduce the legislation to Parliament later this year. If enacted, these laws would position Australia as a leader in regulating online safety and user choice.