This article has been reviewed according to Science X's editorial process and policies. Editors have highlighted the following attributes while ensuring the content's credibility: The federal government has introduced draft digital duty of care legislation designed to protect Australians from online harms. The legislation was first planned—but shelved—in 2024.
At the time, the government heralded it as "a shift away from reacting to harms by relying on content regulation alone, and moving toward systems-based prevention." After a two-year wait, this bill—if passed—could finally fulfill that goal. A digital duty of care puts the onus on digital service providers—such as social media platforms, generative artificial intelligence (AI) services, messaging apps, websites and interactive online games—to create a safe online environment. "Just as we have basic safety standards for cars, toys or food, the duty of care applies basic standards for the online products we use every day," Minister for Communications Anika Wells said.
Under the draft legislation, social media platforms such as Facebook, Instagram and TikTok must give users an option of whether they want their default feed to include personalized content recommended by an algorithm or to include only content from their friends and people they follow. This option will appear as a pop-up box when people use social media. Wells acknowledged that many people may choose to stick with the recommendation algorithm.
But she said the value of this initiative is that it gives people a choice: "It's empowering." The draft bill also requires digital service providers to protect all users from seriously harmful material and conduct, including illegal content. This includes content relating to child sexual exploitation and child sexual abuse, grooming, promoting or inciting sexual violence, supporting terrorism and encouraging criminal offenses, illicit drug use and abhorrent violent conduct. In addition, digital service providers must protect teenagers and children from addictive features and harmful content.
This includes pornography and content that encourages disordered eating, hostile attitudes toward women and gender equality, dangerous stunts, and harassment or bullying. Companies must also conduct regular risk assessments that identify "all reasonably foreseeable risks," as well as the content and design features that give rise to those risks. They must make these assessments available to the eSafety Commissioner within 30 days if requested.
The draft bill also empowers the commissioner to issue removal notices for "nudify" apps and websites and streamline the child cyberbullying and adult cyber abuse schemes. The legislation is similar to laws already in effect in the United Kingdom and the European Union. Since 2024, for example, the EU's Digital Services Act has been used to investigate potentially addictive features of Meta's platforms.
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