Australia Proposes 'Digital Duty of Care' for Online Services
An exposure draft bill would require a broad range of online service providers to take reasonably practicable steps to ensure a safe online environment for users.
The Australian government has released an exposure draft of the Online Safety Amendment (Digital Duty of Care) Bill 2026, proposing a significant shift in the country's platform regulation. The bill would move from a co-regulatory model to a direct one, imposing a broad "digital duty of care" on online services—including social media, search engines, AI providers, and device manufacturers—to ensure a safe environment for users.
Sophisticated clients and counsel care because the duty is expansive, requiring providers to take all "reasonably practicable" steps to protect users in Australia from a wide range of harmful materials and conduct. The proposal also includes specific prohibitions on design features like recommender systems and endless feeds for users under 16. The eSafety Commissioner would gain new enforcement powers, including the authority to issue directions and impose penalties of up to approximately AUD 109 million for non-compliance. The short consultation period suggests the government intends to advance the legislation quickly, requiring affected companies to prepare for a new, stringent compliance regime.