Australia shifts online harm liability to tech giants in 'Digital Duty of Care' bill

Communications Minister Anika Wells is progressing draft 'Digital Duty of Care' legislation that shifts the legal responsibility for reducing online harm from individual users to tech platforms. The move marks a fundamental pivot in how Australia regulates the internet, prioritizing systemic safety over reactive content removal.

The proposed laws will require a broad spectrum of digital services—including social media, search engines, and AI tools—to conduct mandatory risk assessments and safety audits. Under the new framework, platforms must prioritize child safety in their design and maintain transparency regarding their operations. Minister Wells has signaled a hardline approach to enforcement, stating, "I want big tech to suffer big fines when they fail to protect Australians online."

A systemic regulatory shift

The proposal stems from a 2024 review of Australia's Online Safety Act conducted by Delia Rickard. It arrives as part of a wider global trend toward stricter online safety regulations seen in the European Union, the UK, and Malaysia. This legislative push coincides with a separate, contentious ban on social media for children under 16, which is scheduled for implementation on December 10.

Central to the bill is a push for greater user agency over the software that shapes digital experiences. The government is proposing a mechanism to give users more control over their social media feeds, specifically regarding the algorithms that curate content. While some reports describe this as an "opt-out" of current systems, the government is proposing an "opt-in" function, meaning users would have a choice to avoid the default algorithmic push.

Industry and political friction

This transition from a reactive "take-down" model to a proactive "duty of care" model has sparked significant political debate. Prime Minister Anthony Albanese defended the move, asserting, "This is not about giving government control. It’s about giving people control."

However, the specifics of that control remain a point of contention. Senator Sarah Hanson-Young of the Greens has argued that anything less than a genuine opt-in system is insufficient, warning that "big tech will always try to manipulate users’ information, data, and settings." Meanwhile, members of the Coalition have raised concerns regarding the potential for increased government oversight of the internet.

The road ahead

As the draft legislation moves toward formalization, the industry is watching for the final scope of the "duty of care" and the exact scale of the threatened fines. While the government has focused heavily on AI tools and deepfake abuse apps, the full list of covered services is still being refined. The primary objective remains clear: forcing tech giants to treat online safety as a design requirement rather than an afterthought.