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Australia Proposes Digital Duty of Care Legislation for Social Media and Online Services

🔄 Updated 24d ago — new reporting from CNBC Technology
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Key points

  • Draft Digital Duty of Care legislation released for consultation.
  • Mandates social media platforms offer users choice over algorithmic feeds.
  • Requires protection for under-18s from harmful content and addictive features.
  • eSafety Commissioner to enforce compliance with penalties up to $109.2 million.
  • Legislation called "My Feed, My Way" initiative.
  • Users over 16 can opt out of algorithmic feeds.
  • Platforms must notify users to choose default feed.
  • Penalties up to $79 million (USD).
  • Measures will be introduced to Parliament this year.
  • AI chatbots and online games must protect under-18s.

New Digital Duty of Care Legislation

The Albanese Government introduced draft legislation for a Digital Duty of Care, which is now open for targeted consultation. These proposed laws aim to establish minimum safety standards for digital service providers operating in Australia, placing responsibility on them to create a secure online environment for users.

User Control Over Social Media Algorithms

A key component of the legislation is the "My Feed, My Way" initiative, which grants Australians control over their social media algorithms. Platforms will be required to notify new and existing users, offering them a choice between a personalized algorithmic feed or a feed consisting solely of content from followed friends and creators.

Protection for Minors

The draft laws also mandate that digital services, including online games, apps, and AI chatbots, protect users under 18 from design features with negative behavioral impacts, such as addictive elements or those affecting self-esteem. Additionally, these services must safeguard minors from harmful content, including material promoting eating disorders, hostile ideas about women, pornography, glorifying crime, or causing severe mental health distress.

Enforcement and Penalties

The eSafety Commissioner will be responsible for enforcing compliance with the Digital Duty of Care. The legislation grants eSafety powers to issue removal notices for "nudify" apps or websites and streamlines existing cyber-bullying and adult cyber abuse schemes. Non-compliance could result in penalties of up to $109.2 million.

Updates

🕒 2026-09-08 · new reporting from CNBC Technology
  • Legislation called "My Feed, My Way" initiative.
  • Users over 16 can opt out of algorithmic feeds.
  • Platforms must notify users to choose default feed.
  • Penalties up to $79 million (USD).
  • Measures will be introduced to Parliament this year.
  • AI chatbots and online games must protect under-18s.

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How outlets covered it

Australia's government introduced the "My Feed, My Way" initiative, proposing legislation that would allow social media users over 16 to opt out of algorithm-based content feeds. This move aims to give users more control over their online experience and holds platforms accountable for compliance, with potential penalties up to A$109.2 million.

The Australian government released draft legislation for a Digital Duty of Care, requiring digital service providers to ensure a safe online environment and offer users control over social media algorithms. This initiative aims to protect users, especially those under 18, from harmful content and design features, with potential penalties for non-compliance.