‘Emotional intimacy’ from AI chatbots would be banned under Australia’s digital duty of care laws

The Labor government in Australia is facing pressure to establish a social media watchdog as a new online safety standards bill advances through the lower house. Prime Minister Anthony Albanese expressed concern over AI chatbots fostering "emotional intimacy" and children treating them as their "best friend," which prompted the government's push for the legislation.

However, Labor is encountering growing opposition from the opposition to grant the telecommunications ombudsman the role of a watchdog for social media and AI. The digital duty of care bill, passed in the House of Representatives, aims to apply online safety standards to platforms like social media, games, apps, and chatbots. The framework would impose an overarching obligation on tech companies to maintain a safe online environment and replace existing online codes with a duty-of-care requirement to protect users from harmful content.

This includes banning material or conduct that simulates emotional intimacy, encouraging or fostering a child's dependence on it instead of human relationships. The government hopes to pass the bill by the end of 2026, although its passage in the upper house remains uncertain. The Greens back the bill, while the Coalition has stated it will not vote for it, though Labor is still open to amendments.

The communications minister, Anika Wells, indicated that content promoting misogyny, terrorism, suicide, self-harm, and eating disorders would be covered by the laws. The telecommunications industry ombudsman could play a crucial role in enforcing these regulations, but there is no such body currently in place for big tech, a fact the Greens aim to change in their Senate negotiations.