Australia revises digital duty of care laws to limit minister powers
Summarised from 2 outlets · 4 reports · Updated 14 Oct, 22:32 · Archive
Australian Communications Minister Anika Wells is introducing revised digital duty laws that remove ministerial power to define new online harms.
Communications Minister Anika Wells is tabling revised Digital Duty of Care legislation in Parliament on Thursday, following heavy criticism that her initial draft gave too much power to the minister. The centrepiece of the laws includes Labor's 'My Feed, My Way' initiative, which gives users the option to opt out of algorithmic feeds from tech companies.
Wells initially proposed granting the minister authority to determine 'serious harm' beyond categories explicitly listed in the draft, including child sexual abuse material, grooming, harassment, violence, suicide content, terrorism, and criminal activity. This catch-all power would have allowed her to add other material without formal parliamentary amendment. The revised bill removes this ministerial rule-making power entirely; new harms can now only be added through parliamentary amendment.
Wells defended the legislation on ABC News on Thursday, arguing tech companies are 'live testing' products on Australians without basic safety standards. She compared the regulation to compulsory crash testing for child car seats, saying the burden should shift from parents and teachers to platforms. Tech giants face cumulative fines exceeding $200m from the eSafety Commissioner for breaching both social media minimum age laws and digital duty of care requirements, with individual fines reaching $109m.
How it is being reported
- Anika Wells admits Digital Duty of Care ‘stumbling block’ ahead of scaled back introduction to ParliamentAnika Wells has admitted proposed ministerial powers in the government’s digital safety laws became a ‘stumbling block’ for other parties, forcing changes to the legislation.The West Australian · 14 Oct, 22:33
- ‘Live testing’: Communications Minister Anika Wells demands tech giants meet basic child safety standardsCommunications Minister Anika Wells defended digital duty of care, as she fights back against fears the laws go too far.The West Australian · 14 Oct, 22:20
- ‘Live testing’: Communications Minister Anika Wells demands tech giants meet basic child safety standardsCommunications Minister Anika Wells defended digital duty of care, as she fights back against fears the laws go too far.Perth Now · 14 Oct, 22:20
- Anika Wells to introduce revised Digital Duty of Care laws following ‘political censorship’ criticismCommunication Minister Anika Wells is set to introduce revised Digital Duty of Care laws following heavy criticism of her initial draft from the Coalition and crossbench over ministerial overreach.The West Australian · 14 Oct, 12:26
In this story: Anika Wells · Australia · Coalition · eSafety Commissioner · Parliament
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