The Digital Duty of Care bill is in the House of Representatives. Communications Minister Anika Wells introduced the Online Safety Amendment (Digital Duty of Care) Bill on Thursday. It amends the Online Safety Act and puts a duty on platforms to take steps against seriously harmful material and conduct.
The duty covers social media, websites, online games, messaging apps and AI chatbots. Platforms must assess risks and act to prevent or minimise serious harm. Failure can bring penalties of up to $109.2 million. Wells told the National Press Club that big tech has been allowed to “live-test its products on Australians,” and that if you build it, you are responsible for its risks.
What the Digital Duty of Care actually requires
Under-18s get extra protection. Platforms must shield them from pornography, cyberbullying, material that glorifies crime or dangerous stunts, content that encourages eating disorders, and material that promotes hostile attitudes toward women. Some algorithmic design features that harm children are also covered. For adults the duty is narrower, focused on serious harms that are already criminal, including sexual violence.
The centrepiece is My Feed, My Way. Logged-in users over 16 will be able to choose an algorithm-recommended feed or a following-only feed. Platforms will have to provide the tools that make that choice work, and notify users once the duty is in force. The Department of Infrastructure is consulting on the legislative instrument that will set the rules. Submissions close at 11.59pm AEDT on 5 November.
What was stripped
The exposure draft gave the minister power to define new categories of “serious harm” beyond the list in the bill. That power is gone. Wells said new harms can be added only by legislative amendment. A specific carve-out for professional news material was also added, to remove any doubt about public-interest journalism. Entertainment, artistic and professional research content are protected as well.
A proposed eSafety penalty of about $22 million in the exposure draft became $2.2 million in the final bill. Wells could not explain the cut under questioning. It was a drafting error. The exposure draft listed 60,000 units instead of 6,000.
The bill is not law yet. Platforms will have 12 months from commencement to make the changes, if it passes. Truth Social is covered. Wells dismissed claims the law is about controlling speech or conducting surveillance. The consultation on the feed-choice instrument is open now.
