'Digital duty of care' laws will force tech platforms to look after users

The Australian federal government has introduced draft digital duty of care legislation aimed at safeguarding users from online harms. The legislation, which was previously shelved in 2024, seeks to implement a systems-based approach to preventing online harms by placing responsibility on digital service providers, such as social media platforms, AI services, messaging apps, websites, and online games.

These providers are required to give users control over their feeds, protecting them from illegal content and harmful material, including child sexual exploitation, promoting violence, and terrorism. The legislation also requires companies to conduct regular risk assessments and make these assessments available to the eSafety Commissioner within 30 days.

If passed, the legislation could help replace existing social media age restrictions, which have been largely ineffective in preventing harm. The bill is currently seeking public feedback and is expected to be introduced to parliament this year, though its passage remains uncertain due to opposition claims of censorship.