A New Regulatory Framework
The Australian government introduced the draft ‘Digital Duty of Care’ legislation on September 8, 2026, marking a significant shift in how the country regulates online safety. The bill, which follows years of debate and consultation, aims to move beyond simple content moderation by mandating that digital service providers—including social media platforms, AI services, and online games—take proactive responsibility for the safety of their users, as reported by The Conversation.
Central to the proposal is the ‘My Feed, My Way’ initiative. Under these rules, social media platforms like Facebook, Instagram, and TikTok must provide users over the age of 16 with a clear option to switch off personalized recommendation algorithms. If a user opts out, their feed would display content exclusively from individuals and groups they have chosen to follow, rather than content curated by AI-driven recommendation engines, according to The Guardian.
Protecting Vulnerable Users
Beyond algorithmic control, the draft bill imposes strict requirements on platforms to shield users—particularly children and teenagers—from harmful materials. This includes content that promotes disordered eating, misogyny, illegal drug use, and life-endangering stunts. Communications Minister Anika Wells emphasized that the legislation draws parallels to safety standards for physical goods, stating that online products should be held to similar, basic safety benchmarks, per Adgully.
Platforms will be required to conduct regular risk assessments to identify ‘reasonably foreseeable’ harms associated with their design and content. These assessments must be submitted to the eSafety Commissioner within 30 days upon request. Failure to comply with these ‘duty of care’ standards could result in fines exceeding A$100 million, providing the regulator with significant enforcement teeth.
Political and Technical Hurdles
The legislative path remains complex. While Prime Minister Anthony Albanese has championed the bill as an ’empowering’ measure for consumers, the opposition, led by Angus Taylor, has criticized the framework as an attempt at internet censorship and state-led control over speech. The government currently needs the support of the Australian Greens to secure passage in parliament.
Questions regarding implementation also persist. Industry analysts and the government are still evaluating how an algorithm-free interface will function technically and whether the default state for new users should be an opt-in or opt-out mechanism. Additionally, the government is looking to verify the effectiveness of these measures compared to previous age-based restrictions, which research suggested were bypassed by over 85% of children, according to The Conversation.