Social Media Giants Face Legal Duty to Protect Australians from Online Harm
Social media platforms will be legally required to protect Australians from online harm under a digital duty of care proposal. Online platforms would be required to take reasonable steps to prevent foreseeable harm to users under the federal government’s plan.
Government to Introduce Legislation for Social Media Ban
Communications Minister Michelle Rowland unveiled the proposal during a speech at the Sydney Institute on Wednesday night. Rowland said the obligations of social media companies would constantly change as new issues emerged online, with the duty of care not being a case of ‘set and forget’.
“A duty of care is a common law concept and statutory obligation that places a legal obligation to take reasonable steps to protect others from harm,” she said. “It is a proven, workable and flexible model. This, as part of a growing global effort, will deliver a more systemic and preventative approach to making online services safer and healthier.”
The digital duty of care was a key recommendation of a review of the Online Safety Act, which was handed to the federal government in October and has yet to be publicly released. The statutory review of the online safety laws was brought forward by a year.
The proposal for a digital duty of care would bring Australia into line with approaches to online platforms seen in the United Kingdom and Europe. Sites such as Facebook, X, and Instagram would have proactive obligations to keep users safe. Rowland said the changes would place a greater focus on the mental wellbeing of social media users.
“Where platforms seriously and systematically breach their duty of care, we will ensure the regulator can draw on strong penalty arrangements.”
Implications of the Digital Duty of Care Proposal
- Social media platforms will be legally required to protect Australians from online harm
- Online platforms must take reasonable steps to prevent foreseeable harm to users
- Legislation for the digital duty of care will be introduced to parliament in November
- The proposal aligns with approaches seen in the UK and Europe
- A focus on mental wellbeing of social media users will be emphasized
- Regulator will have strong penalty arrangements for platforms breaching duty of care
Conclusion
The introduction of a digital duty of care for social media platforms in Australia marks a significant step towards ensuring the safety and wellbeing of online users. By holding platforms accountable for preventing harm, the government is taking proactive measures to create a safer online environment for all Australians.
FAQs
What is the digital duty of care proposal?
The digital duty of care proposal requires social media platforms to take reasonable steps to protect users from online harm, aligning Australia with approaches seen in the UK and Europe.
When will the legislation for the digital duty of care be introduced?
The legislation for the digital duty of care is set to be introduced to parliament in November.