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Draft Duty of Care Laws Would Let Australians Adjust the Algorithms Behind Their Social Feeds

A decree gives users dominion over their own feed, a shield for the young, and heavy fines for those who defy the duty of care.

By mitch·3 min read
A phantom hand hovers above a glowing screen, choosing between two visions of a feed, as though guarding a soul from unseen peril.

The Albanese Government has released draft laws that would give Australians control over their social media algorithms for the first time. The proposal, called “My Feed, My Way,” is part of a broader Digital Duty of Care now open for consultation.

The plan follows Australia’s world leading social media age ban. It would set minimum safety standards for digital services, from apps to AI chatbots.

The “My Feed, My Way” Choice

Social media platforms would have to notify new and existing users about their default feed. Users could opt in to personalised content recommended by the algorithm.

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Alternatively, they could opt out and see only the friends and creators they follow.

Prime Minister Anthony Albanese framed the move as giving power back to people. “This is not about giving government control, it is about giving people control,” he said.

Protection for Under 18s

The draft laws also target design features that harm young people. Digital services like online games, apps and AI chatbots would need to protect under 18s from addictive features or those that hurt self-esteem.

They would also have to protect under 18s from harmful content. The list includes:

  • content that promotes, encourages or accelerates eating disorders
  • content that promotes hostile ideas about women and gender equality
  • pornography
  • content that glorifies crime or life endangering stunts
  • content that causes serious mental health distress, including abuse and bullying

Enforcement and Penalties

The eSafety Commissioner would handle compliance and enforcement. Failure to meet the Duty of Care could bring penalties of up to $109.2 million.

The draft laws also give eSafety power to issue removal notices for nudify apps or websites. The child cyber-bullying and adult cyber abuse schemes would be streamlined for faster action.

Digital platforms must document the measures they take to address risks of harm to Australian users. They would also need to show those measures stay effective over time.

Consultation and Next Steps

The Government is seeking feedback from digital platforms, industry bodies, civil society organisations and advocates. Legislation is set to go to Parliament this year.

Minister for Communications Anika Wells compared the rules to basic safety standards for physical goods. “Just as we have basic safety standards for cars, toys or food, the duty of care applies basic standards for the online products we use every day,” she said.

Wells said the duty of care goes beyond social media. It covers chatbots, gaming platforms, apps and messaging platforms.

What This Means for Users

Australians over 16 would get an easy choice on what feed they see when they open an app. “The duty of care will require platforms to give users over 16 choice on what feed they see when they open the app – and to respect that choice,” Wells said.

Albanese noted the work was driven by parents and advocates. “This work has been led by parents and advocates and we have backed them,” he said. “We will continue to do so.”

The consultation period will shape the final bill. The Government says the aim is more choice and better protection across digital services.

Source: pm.gov.au

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