Duty of care for social media giants to protect users
Social media platforms will be legally required to protect Australians from online harm under a digital duty of care proposal.
Online platforms would be required to take reasonable steps to prevent foreseeable harms to users, under the federal government’s plan.
Communications Minister Michelle Rowland unveiled the proposal during a speech at the Sydney Institute on Wednesday night.
You might like
Rowland said the obligations of social media companies would constantly change as new issues emerged online, with the duty of care not being a case of ‘set and forget’.
“A duty of care is a common law concept and statutory obligation that places a legal obligation to take reasonable steps to protect others from harm,” she said.
“It is a proven, workable and flexible model. This, as part of a growing global effort, will deliver a more systemic and preventative approach to making online services safer and healthier.”
The government is preparing to implement a ban on children under 16 from using social media, with legislation to be introduced to parliament later in November.
The digital duty of care was a key recommendation of a review of the Online Safety Act, which was handed to the federal government in October, and is yet to be publicly released.
The statutory review of the online safety laws was brought forward by a year.
The proposal for a digital duty of care would bring Australia into line with approaches to online platforms seen in the UK and Europe.
Sites such as Facebook, X and Instagram would have proactive obligations to keep users safe.
Ms Rowland said the changes would place a greater focus on the mental wellbeing of social media users.
“Where platforms seriously and systematically breach their duty of care, we will ensure the regulator can draw on strong penalty arrangements,” Ms Rowland said.
International Justice Mission, an NGO focused on human rights, said a digital duty of care on tech companies was vital to protecting Australian children from online sexual abuse and other forms of exploitation.
“The Albanese government should ensure the digital duty of care includes camera-enabled device manufacturers and operating system providers, which would require them to develop devices for the Australian market that are incompatible with child sexual abuse material,” CEO David Braga said.
“IJM again calls on all Australian parliamentarians to … pass this important measure as part of their response to the Online Safety Act review when legislation is introduced.”
DIGI, an industry not-for-profit that includes companies like eBay, Meta, TikTok and X, said its members represent some of the safest sections of the internet.
“While we wait for further details about this announcement, DIGI’s members will continue to deliver safety-by-design on their services and work constructively with the government to keep Australians safe online,” managing director Sunita Bose said.
