Social media platforms will be legally required to protect Australians from harm online under a proposed digital duty of care.
Under the federal government’s plan, online platforms would be required to take reasonable steps to avoid foreseeable harm to users.
Communications Minister Michelle Rowland unveiled the proposal in a speech at the Sydney Institute on Wednesday evening.
Rowland said social media companies’ obligations would constantly change as new issues emerged online, with duty of care not being a case of “set it and forget it”.
“Duty of care is a common law concept and legal duty that imposes a legal duty to take reasonable steps to protect others from harm,” she said.
“This is a proven, workable and flexible model. This, as part of a growing global effort, will enable a more systemic and preventative approach to making online services safer and healthier.”
The government is preparing to legislate to ban social networks
with the bill due to be presented to Parliament later in November.
The digital duty of care was a key recommendation of a review of the Online Safety Act, which was delivered to the federal government in October and has not yet been made public.
The statutory review of online safety laws has been brought forward by a year.
Proposing a digital due diligence would bring Australia in line with approaches to online platforms seen in the UK and Europe.
Sites such as Facebook, X and Instagram would have proactive obligations to ensure user safety.
Rowland said the changes would place more emphasis on the mental wellbeing of social media users.
“Where platforms seriously and systematically fail in their duty of care, we will ensure that the regulator can resort to severe sanctions.”
