Full Breakdown
Australia’s Draft “Digital Duty of Care” Faces U.S. Criticism Over Potential Censorship
By Drooid · · How we work
Draft Digital Duty of Care: Australia’s Proposed Social Media Reforms
The Albanese government’s exposure draft would impose a “digital duty of care” on social-media platforms, requiring protection for users under 18 from pornography, bullying, crime-glorifying content and material that encourages eating disorders. Platforms must also offer an opt-out from algorithmic feeds, allowing a chronological or “follow-only” view. Non-compliance could attract fines of up to A$109 million (?S$99 million).
Background & Context
Australia banned children under 16 from accessing social-media platforms in December 2025, citing online bullying and “predatory algorithms.” The draft extends obligations to all under-18 users and adds the algorithm-opt-out mechanism. Britain, France and other nations have introduced comparable measures.
Key Provisions and Penalties (Data & Statistics)
- Age-based protection: Mandatory safeguards for users under 18.
- Algorithm opt-out: Users may choose to see only posts from accounts they follow.
- Fines: Up to A$109 million per breach.
- Regulatory oversight: The eSafety Commissioner would gain authority to issue removal notices for harmful apps and audit platform safety measures.
Official Statements & Responses
Communications Minister Anika Wells called the package a “global reckoning” on big-tech responsibility and linked it to Australia’s AI governance push. The government plans to introduce the draft to parliament later this year after a consultation period with industry and civil-society groups.
Criticism & Opposition
The U.S. embassy in Canberra submitted a formal note on September 22 expressing “serious concerns” that the draft could enable “viewpoint-based censorship” by imposing “rigid, one-size-fits-all” design requirements. It warned that vague definitions of “harm” might lead platforms to over-moderate protected speech to avoid liability, potentially affecting users worldwide. Liberal Senator Sarah Henderson echoed the U.S. concerns.
Verbatim Quotes
- “It’s not about giving government control, it’s about giving people back control over what they receive on their devices,” — Anthony Albanese, Australian prime minister
- “You will have a choice about whether you want the algorithm or whether you want the following feed,” — Communications Minister Anika Wells
- “Your digital duty of care bill is all about censoring online content,” — Liberal Senator Sarah Henderson
What’s Next
The exposure draft will be tabled in parliament later this year, followed by a formal consultation period. The government intends to refine definitions of “foreseeable harm” in response to feedback before any legislation is enacted.