Australia Digital Duty of Care (Consultation Draft)
AustraliaA government consultation draft combining social-media feed choice with broader online-safety duties enforced by eSafety.
Latest update
Government announced draft legislation for targeted consultation
Current position
Draft released for targeted consultation; not yet introduced
What it does
The government released its proposal for targeted consultation on September 8, 2026. It describes a choice of personalized or followed-account feeds, protections for under-18s across digital services, documented risk controls and eSafety enforcement. The announcement says non-compliance could attract penalties up to A$109.2 million. Parliamentary introduction is planned for later in 2026.
Why it matters
Broad duties concerning harmful content, backed by substantial penalties, create pressure for platforms to restrict lawful expression to reduce enforcement risk. Giving users a feed preference does not resolve that threat to speech.
Our take
We oppose this proposal. The risk of lawful speech being suppressed under an expansive online-safety duty outweighs the feed-choice feature. This assessment is based on the government announcement; a full clause-by-clause review remains outstanding. The proposal is still a consultation draft, separate from the private senator’s Fix Our Feeds bill.
Timeline
Government announced draft legislation for targeted consultation
Latest