Australia will require social media platforms to act to prevent users from being harmed online

MELBOURNE – Australia plans to require social media platforms to act to prevent harm to users online, such as bullying, predatory behavior and algorithms that promote destructive content, the government said on Thursday.

“The Digital Duty of Care will place a duty on digital platforms to proactively protect Australians and better prevent harm online,” Communications Minister Michelle Rowland said in a statement.

The proposed changes to the Safety on the Internet Act were announced ahead of the Government introducing a world-first law to Parliament next week prohibit children under 16 years of age from platforms like X, Instagram, Facebook and TikTok.

Critics argue that removing children from social media reduces the incentives for platforms to provide a safer online environment.

Social media has been blamed for children committing suicide and eating disorders due to bullying and exposure to negative body images.

Rowland said holding tech companies legally responsible for the safety of Australians was an approach that had already been taken Great Britain and European Union.

Digital companies will be required to take reasonable steps to prevent foreseeable harm to their platforms and services. According to the minister, the duty of care system will be based on risk assessment and risk mitigation, as well as the principles of safety by design.

Legislating a duty of care will mean that services cannot be ‘set and forget’. Instead, their obligations will mean they need to continually identify and mitigate potential risks as technology and service offerings change and evolve, she said.

Categories of harm in the legislation include harm to young people and mental wellbeing, facilitating harmful activity and unlawful activity.

The government has not said when the duty of care legislation will be brought before parliament, and has not outlined the penalties for breaches.

Digital Industry Group Inc., the digital industry advocate in Australia, better known as DIGI, has welcomed the government’s efforts to “future-proof” the Internet Safety Act.

“DIGI members collectively represent some of the safest parts of the internet, and their work to keep people safe on their services never stops,” DIGI managing director Sunita Bose said in a statement.

“While we await further details on this announcement, DIGI members will continue to provide security by design for their services and work constructively with government to keep Australians safe online,” Bowes added.

Swinburne University digital media expert Belinda Barnett called the duty of care “a great idea”.

“Expect platforms that host Australian users to be responsible for the content they display and the experience they offer,” Barnett said.

“It forces the platforms to take responsibility, which is simply not happening now. There is an assumption that they are a neutral third party. They are not responsible for the impact of this content,” Barnett added.