The Albanese Government will make tech companies accountable for safety on their platforms with the Digital Duty of Care law introduced to Parliament today.
The Digital Duty of Care will strengthen Australia’s world-leading online safety laws, putting the onus on big tech to proactively reduce harms before they occur.
It will set minimum safety standards for online services such as games, apps and AI chatbots, requiring them to protect Australians from seriously harmful material and conduct, and ensure their features and tools don’t cause harm to users.
The Digital Duty of Care will also require platforms to protect under 18s from material, conduct and features that are harmful to them, including content that glorifies crime or life-endangering stunts, causes serious mental distress, encourages eating disorders, or promotes hostile attitudes women.
Under the Digital Duty of Care, social media services will also be required to let users decide if they want to opt in to the algorithm. My Feed, My Way means Australians over 16 will be able to choose whether they see recommended content as their primary feed, or the pages and people they choose to follow.
Consultation on this Rule is now open here: https://www.infrastructure.gov.au/have-your-say/choice-feeds-social-media
The Digital Duty of Care will also empower the eSafety Commissioner to remove nudify apps and websites, reduce required response to cyberbullying and abuse complaints from 48 to 24 hours, and set minimum standards for complaints and disputes processes with platforms.
In response to feedback, the Online Safety Amendment (Digital Duty of Care) Bill 2026 clarifies that professional news material and entertainment media are exempt and Parliament will have scrutiny over any new additional harms.
Failure to comply with the Digital Duty of Care will attract penalties of up to $109.2 million.
View the Bill here: www.aph.gov.au/parliamentary_business/bills_legislation
Quotes attributable to Minister for Communications, Anika Wells:
“Australia is a pioneer when it comes to keeping Australians safe – we led the world with seatbelts, random breath-testing, plain packaging for cigarettes and with our social media minimum age law, which is giving kids their childhoods back.
“The Digital Duty of Care is the next step in our world-leading online safety laws. It will set basic safety standards for the digital services we use every day, just as we have for food, cars and kids’ toys.
“We have heard Australians overwhelmingly support a Digital Duty of Care. Parents want to know their kids are safe when they are playing games online, chatting, learning or creating.
“The Albanese Government is listening to parents. We’re listening to people who’ve been harmed online. And we’re listening to Australians who want more choice online – that’s what the Digital Duty of Care will deliver.”
