Australia Introduces Digital Duty of Care Laws to Force Tech Platforms to Protect Users

Australian Federal Government Unveils Digital Duty of Care Draft Legislation

The Australian federal government has introduced draft digital duty of care legislation designed to protect users from online harms, marking a significant shift in how tech platforms will be regulated.1

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First planned but shelved in 2024, the legislation represents what Minister for Communications Anika Wells describes as "a shift away from reacting to harms by relying on content regulation alone, and moving towards systems-based prevention."2

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After a two-year wait, this bill could finally establish safety standards on digital platforms comparable to those applied to physical products like cars, toys, or food.

Algorithmic Personalization Controls Give Users Choice Over Feeds

Under the draft legislation, social media platforms including Facebook, Instagram, and TikTok must provide users with an option to choose between algorithm-driven personalized content or feeds showing only content from friends and followed accounts.1

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This choice will appear as a popup box when users access social media platforms. Wells acknowledged that many users may opt to continue with recommendation algorithms, but emphasized the initiative's value lies in empowerment through choice.2

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The measure addresses growing concerns about addictive design features that keep users engaged through algorithmic manipulation.

Comprehensive Protections for Minors Against Harmful Content

The legislation places particular emphasis on protections for minors, requiring digital service providers to shield teenagers and children from addictive features and harmful content.1

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Protected categories include pornography, content encouraging disordered eating, material promoting hostile attitudes toward women and gender equality, dangerous stunts, and harassment or bullying. Digital service providers—including generative AI services, messaging apps, websites, and interactive online games—must conduct regular risk assessments identifying all reasonably foreseeable risks and the content or design features that create those risks.2

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Mandatory Risk Assessments and eSafety Commissioner Oversight

Companies must make risk assessments available to the eSafety Commissioner within 30 days if requested, establishing a new accountability framework for tech platforms.1

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The draft bill also empowers the commissioner to issue removal notices for "nudify" apps and websites, and streamline cyberbullying schemes addressing both child and adult cyber abuse. Companies breaching their digital duty of care would face fines of nearly A$110 million, with the eSafety Commissioner authorized to investigate technology companies' compliance.2

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Research Access and Testing Provisions for Online Safety

The draft legislation grants approved researchers, such as those from Australian universities, access to digital service providers' data for online safety-related research.1

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Approved researchers could also create false online identities, known as "sock puppets," to test the safety of online services. This provision aims to enable independent verification of platform safety measures and identify potential vulnerabilities in protection systems.

Alignment with EU's Digital Services Act and Global Regulatory Trends

The Australian legislation mirrors laws already in effect in the United Kingdom and the European Union. Since 2024, the EU's Digital Services Act has been used to investigate potentially addictive features of Meta's platforms.2

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Just this past week, EU lawmakers demanded that Meta be compelled to change the addictive design of its platforms in Europe, demonstrating the global momentum toward holding tech platforms accountable for user safety.

Legislative Journey and Key Design Principles

This approach was first recommended by a 2024 review of the Online Safety Act.1

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The government shelved the proposed digital duty of care legislation while pursuing implementation of social media age restrictions, then revived it in December 2025 with an open consultation period. An issues paper released in May 2026 outlined five key principles: improving and promoting online safety for Australians, providing clarity for regulated entities and minimizing regulatory complexity, building on current online safety protections, improving accountability and transparency, and building in sufficient flexibility to accommodate technological change.2

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Questions About Effectiveness and Social Media Age Restrictions

One key question is whether this new legislation, if successful, could effectively replace Australia's social media age restrictions by addressing harmful content and design features.1

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Those restrictions were intended to keep children safe from harm on social media platforms, but current research shows more than 85% of children were still using the platforms three months after the law came into effect. The government's own data echoes these findings, raising concerns about the effectiveness of age-based restrictions to prevent harm and suggesting that the digital duty of care framework may offer a more comprehensive approach to protecting users from online harms.2

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