The Albanese Government is taking the next step following its world leading social media age ban to ensure Australians have more choice online, with draft legislation for the Digital Duty of Care released today for targeted consultation.
These new laws will put the onus on digital service providers to provide a safe online environment, setting minimum standards for the features and tools they use.
This will include an Australian first, “My Feed, My Way,” initiative which will give Australians control over their social media algorithms.
Social media platforms will be required to send a notification to new and existing users offering them a choice over their default feed.
Users can choose to opt in to having their default feed include personalised content recommended by the algorithm. Alternatively, users can opt out of personally recommended content in their default feed and see the friends and creators they choose to follow.
This will give Australians greater choice over their platforms and what they see.
Further, digital services like online games, apps and AI chatbots will be required to protect under 18s from design features that have negative behavioural impacts, like addictive features or those that can have an effect on a young person’s self-esteem.
They will also be required to protect under 18s from harmful content like:
- content that promotes, encourages or accelerates eating disorders
- content that promotes hostile ideas about women and gender equality
- pornography
- content that glorifies crime or life endangering stunts
- content that causes serious mental health distress, including abuse and bullying.
Australians will benefit from better protection from seriously harmful and illegal content across digital services, and social media users will be afforded more choice.
The draft laws provide eSafety with the power to issue removal notices for nudify apps or websites, and streamline the child cyber-bulling and adult cyber abuse schemes to enable eSafety to deal more quickly with this harmful material.
Digital platforms will be required to document the measures taken to address identified risks of harm to Australian users and ensure these measures remain effective over time.
Failure to comply with the Duty of Care could attract penalties of up to $109.2 million, with the independent eSafety Commissioner responsible for compliance and enforcement.
The Government is seeking feedback from digital platforms, industry bodies, civil society organisations and advocates on the draft laws, with legislation to be introduced to Parliament this year.
Quotes attributable to Prime Minister Anthony Albanese
“This is not about giving government control, it is about giving people control.
“Today we are releasing the government’s approach to give Australians choice over their online experience, “My Feed, My Way.”
“Australia is leading the world with our social media age ban and online safety approach.
“This work has been led by parents and advocates and we have backed them. We will continue to do so.”
Quotes attributable to Minister for Communications Anika Wells
“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.
“The duty of care goes beyond social media to ensure children are protected from harmful content and features, including on chatbots and gaming platforms, apps and messaging platforms.
“It will also give parents the tools they need to keep their family safe online.
“When it comes to social media, Australians over the age of 16 will be able to opt in or opt out of the algorithm easily. The duty of care will require platforms to give users over 16 choice on what feed they see when they open the app – and to respect that choice.
“The digital duty of care will ensure online service providers – including some of the most powerful companies in the world – step up and do more to keep Australians safe from harm on their platforms.”
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