Full Breakdown
Greens Seek Private Right of Action in Australia’s Digital Duty of Care Bill
By Drooid · · How we work
Core Event
The Australian Greens, led by communications spokesperson Senator Sarah Hanson-Young, are demanding that the Labor government’s upcoming Digital Duty of Care legislation include a private right of action allowing individuals to sue major tech platforms for online harms. They also want fines for breaches calculated as a percentage of a company’s global revenue rather than a fixed amount. Labor is set to introduce the draft laws to parliament later this week, and the Greens say they will leverage their support to secure these amendments.
Background & Context
Labor’s proposal obliges social-media services, search engines, AI chatbots and other platforms to take “reasonable steps” to prevent foreseeable harms for users under 18 and “serious harm” for adults. The eSafety Commissioner would issue removal notices and could fine companies up to A$100 million (Guardian) or $109.2 million for non-compliance. The draft also introduces a “my feed, my way” option that lets Australians over 16 turn off algorithm-driven content.
Key Figures & Groups
- Senator Sarah Hanson-Young – Greens communications spokesperson.
- Anika Wells – Communications Minister, defending the draft.
- Sarah Henderson – Shadow communications minister (Liberal).
- Kush Desai – White House economics spokesman.
Timeline
- October 11, 2026 – Media reports detail the Greens’ push for a private right of action and higher fines.
- Later this week (October 2026) – Labor plans to introduce the Digital Duty of Care bills alongside tax and gas-reservation measures.
- Thursday (this week) – Communications Minister Anika Wells is scheduled to address the National Press Club on the draft legislation.
Data & Statistics
- Proposed fines: about A$100 million (Guardian) and up to $109.2 million.
- Greens’ “three tests”: compensation right, algorithmic-addiction safeguards, and revenue-linked penalties.
- Government consulted 225 written submissions, held 22 round-table briefings and conducted 60 one-on-one meetings.
- The draft would require platforms to block pornography, eating-disorder content, misogynistic material, crime-glorifying posts and content that could cause serious distress.
Official Statements & Responses
- Labor says the eSafety Commissioner will remain the sole enforcement body, with the power to levy fines of up to $109.2 million for breaches.
- The government is preparing to scrap ministerial discretion to add new harms before the bill’s introduction, responding to criticism that the power could enable censorship.
Criticism & Opposition
- Coalition and One Nation members describe the draft as a form of censorship, contending it gives the communications minister sweeping authority over online content.
Conflicting Reports & Gaps
- Sources differ on the exact maximum fine: the Guardian cites A$100 million, while SMH reports a ceiling of $109.2 million. Both figures are presented as government-proposed caps.
- It is unclear whether the final legislation will retain any ministerial discretion to designate new harms, as Labor has signaled a possible removal but no definitive wording has been released.
What’s Next
Labor will table the Digital Duty of Care bills later this week, after which the Greens are expected to negotiate amendments tied to compensation rights and revenue-linked penalties. Communications Minister Anika Wells will outline the government’s position at the National Press Club on Thursday. The United States has signaled opposition to any regime resembling a digital services tax or punitive fines, with White House economics spokesman Kush Desai warning of “unequivocal” U.S. resistance. The outcome of the negotiations will determine whether Australians gain a private right of action against big-tech platforms.