Australia Proposes 'Digital Duty of Care' Laws With $100 Million Tech Fines

Australian Prime Minister Anthony Albanese has unveiled draft laws introducing a "digital duty of care" for social media platforms. The legislation marks a significant escalation in the government's effort to force tech giants to protect young users from systemic online harms.

Under the proposed rules, platforms must proactively reduce foreseeable harms, with a specific focus on protecting users under 18. The bill targets content that promotes bullying, pornography, misogyny, and eating disorders. To ensure compliance, the government has introduced severe financial deterrents; companies found in breach of these duty of care standards face penalties exceeding $100 million AUD.

Algorithmic Control

A central pillar of the legislation is the "My Feed, My Way" initiative. This requirement forces platforms to provide users with the option to opt-out of addictive, algorithmically recommended content. Instead, users can choose a chronological feed consisting only of the accounts they explicitly follow, reducing the power of engagement-driven algorithms to steer user behavior.

Regulatory Context

This bill is part of a broader strategy by the Australian Labor government to increase online safety and hold Big Tech accountable. It follows a period of deliberation over "big stick" legislation that had been postponed prior to previous elections. Prime Minister Albanese has emphasized that the digital duty of care bill is not about government control, but rather about establishing baseline safety standards for the digital age.

Industry Implications

The shift represents a move toward proactive systemic regulation rather than the traditional model of reactive content removal. By imposing heavy fines and requiring a legal duty of care, Australia is positioning itself as a global leader in digital safety. Communications Minister Anika Wells described the move as a "global reckoning for big tech," suggesting that the Australian model could serve as a blueprint for other nations struggling to mitigate algorithmic harm and child safety risks.

What's Next

As the draft laws move toward formalization, the industry will be watching how the government defines "foreseeable harms" and the specific metrics used to determine a breach of care. While the financial penalties are clear, the operational requirements for platforms to implement the "My Feed, My Way" chronological alternative remain a key point of technical and legal scrutiny.