Australia's Digital Duty of Care Laws to Protect Users Without Censoring Free Speech

Communications Minister Anika Wells said Australia's proposed digital duty of care laws would not restrict adults from listening to manosphere podcasts or claiming the moon landing was fake. Wells said people could also continue posting views about the government and making memes without restriction. Wells told the National Press Club on Thursday that the laws concerned platform conduct, not what people say online. Wells said the right to disagree with the government or hold any belief would not be restricted, while protection from harm would hopefully improve.

The digital duty of care bill was introduced into parliament on Thursday after months of discussion and consultation. The government said the legislation would place an overarching obligation on tech platforms to provide a safe online environment for all Australians. The bill would replace a range of existing online codes and standards with a broader duty of care to protect users from certain harmful content. Wells has suggested the laws would cover misogynistic, pro-terror, suicide, self-harm and eating disorder content. The laws would apply to platforms including social media, online games, apps and chatbots. Wells argued that companies must bear responsibility for risks in the online environments the companies create, rather than leaving victims to bear the burden.

The changes would allow social media users to opt out of algorithmic feeds and see content only from pages the users actively chose to follow. The government calls the measure "my feed my way". Platforms face fines of more than $100 million for non-compliance.

Conservative campaign groups and politicians have claimed that classifying content as harmful would create a framework for government censorship. The legislation was a key topic at the Conservative Political Action Conference in Brisbane over the weekend. Campaign group Advance has likened the legislation to Labor's abandoned misinformation bill and collected nearly 75,000 signatures on a petition seeking the legislation's withdrawal. Liberal frontbencher James Paterson claimed the bill was an attempt to secretly control and censor Australian speech. Shadow Communications Minister Sarah Henderson said the Coalition was vehemently opposed to the bill. However, Wells denied that the government was controlling free speech or conducting covert surveillance.

Critics have particularly challenged provisions allowing regulators and researchers to create pseudonymous accounts, known as "sock puppets", on online networks. The government argues that these accounts are critical for testing platform compliance with legislation. Pauline Hanson claimed the provision would lead to AI-powered government bots spreading propaganda and recording people's online activity. However, Wells rejected those suggestions and said the accounts would be used only for research and enforcement. The eSafety commissioner must report annually on the use of such accounts. The accounts can engage with other users only to the extent necessary to prevent an account's closure. Wells rejected the argument that an independent regulator would spend resources spreading government propaganda rather than stopping pro-terror content reaching 13-year-old boys in Western Sydney or eating disorder content reaching 14-year-old girls in Western Australia.

Greens Senator Sarah Hanson-Young accused campaigns against the legislation of protecting big tech companies. Hanson-Young dismissed censorship claims as a fake debate and accused the radical right of repeating big tech companies' arguments. The Greens broadly support the bill but want stronger rules, including substantially higher fines. The Greens also want ordinary Australians to be able to bring private legal action against tech companies for breaches, a key demand for the party's support. Wells said allowing individuals to sue was something the government would contemplate and said similar schemes had succeeded in the United States. Wells also urged the Coalition to reopen negotiations.

The bill will go to a Senate inquiry scheduled to report back in late November. Labor hopes to pass the legislation this year.