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Australia Introduces Digital Duty of Care Law to Give Users Control Over Social Media Feeds
On Tuesday, the Australian government announced new legislation that will require social media platforms to give users over 16 the option to opt out of algorithmic feeds. The law, part of a broader Digital Duty of Care under the Online Safety Act, also expands protections for children and imposes penalties of up to 109.2 million Australian dollars for non‑compliance.
The proposal follows the 2024 amendment to the Online Safety Act that banned users under 16 from holding accounts on major platforms such as Instagram, Facebook, TikTok, Snapchat, YouTube and X. The new law extends safeguards to all users over 16 and to digital services beyond social media, including online games, apps and artificial‑intelligence chatbots.
Under the opt‑out mechanism, platforms must send a notification to new and existing users offering a choice over their default feed. Users can either opt in to receive personalized content recommended by an algorithm or opt out and see only content from friends and creators they choose to follow. The notification requirement is intended to give users a genuine and enduring choice.
The legislation also strengthens child‑protection provisions. It prohibits content that promotes eating disorders, hostile ideas about women, pornography, crime, dangerous stunts and serious mental‑health distress. Digital services must also protect children from design features that have negative behavioral impacts, such as addictive mechanisms and features that harm self‑esteem.
Enforcement will be carried out by the eSafety Commissioner, who will oversee compliance with the duty of care. The law specifies that failure to meet the obligations could result in fines up to 109.2 million AUD. The legislation will be introduced under the Online Safety Act 2021 and will go through the parliamentary process before taking effect.
Prime Minister Anthony Albanese said the law would give users choice and hold big‑tech companies accountable. “It gives users choice and it will hold the big tech companies responsible for inaction,” he told reporters in Canberra. The eSafety Commissioner will be responsible for monitoring and enforcing the new requirements.
The move follows the online safety watchdog’s consideration of court action against major platforms for failing to keep children under 16 off their services. It is part of a global trend toward stricter online‑safety regulation and reflects Australia’s commitment to protecting young people from harmful content.
The legislation marks a significant step in Australia’s approach to digital safety, giving users more control over what they see and imposing stricter obligations on platforms. The bill will be debated in parliament, and its outcome could reshape how social media and digital services operate in the country.
The proposal follows the 2024 amendment to the Online Safety Act that banned users under 16 from holding accounts on major platforms such as Instagram, Facebook, TikTok, Snapchat, YouTube and X. The new law extends safeguards to all users over 16 and to digital services beyond social media, including online games, apps and artificial‑intelligence chatbots.
Under the opt‑out mechanism, platforms must send a notification to new and existing users offering a choice over their default feed. Users can either opt in to receive personalized content recommended by an algorithm or opt out and see only content from friends and creators they choose to follow. The notification requirement is intended to give users a genuine and enduring choice.
The legislation also strengthens child‑protection provisions. It prohibits content that promotes eating disorders, hostile ideas about women, pornography, crime, dangerous stunts and serious mental‑health distress. Digital services must also protect children from design features that have negative behavioral impacts, such as addictive mechanisms and features that harm self‑esteem.
Enforcement will be carried out by the eSafety Commissioner, who will oversee compliance with the duty of care. The law specifies that failure to meet the obligations could result in fines up to 109.2 million AUD. The legislation will be introduced under the Online Safety Act 2021 and will go through the parliamentary process before taking effect.
Prime Minister Anthony Albanese said the law would give users choice and hold big‑tech companies accountable. “It gives users choice and it will hold the big tech companies responsible for inaction,” he told reporters in Canberra. The eSafety Commissioner will be responsible for monitoring and enforcing the new requirements.
The move follows the online safety watchdog’s consideration of court action against major platforms for failing to keep children under 16 off their services. It is part of a global trend toward stricter online‑safety regulation and reflects Australia’s commitment to protecting young people from harmful content.
The legislation marks a significant step in Australia’s approach to digital safety, giving users more control over what they see and imposing stricter obligations on platforms. The bill will be debated in parliament, and its outcome could reshape how social media and digital services operate in the country.
