Australias tllgital duly of carerlan a good idea - if it can be enforced

It may be more appropriate than a social media ban. But there are challenges when it comes to defining what constitutes harm.

- Lisa M. Given

In an escalation of its battle with big tech, the Australian federal government has announced that it plans to impose a "digital duty of care" on tech companies to reduce online harms.

The announcement follows the government's controversial plans to legislate a social media ban for young people under 16 and impose tighter rules on digital platforms such as Google, Facebook, Instagram, X and Tik Tok to address misinformation and disinformation.

In a speech, Australian Minister for Communications Michelle Rowland explained why the government was planning to introduce a digital duty of care: "What's required is a shift away from reacting to harms by relying on content regulation alone, and moving towards systems-based prevention, accompanied by a broadening of our perspective of what online harms are."

This is a positive step forward and one aligned with other jurisdictions around the world.

WHAT IS A 'DIGITAL DUTY OF CARE'?

Duty of care is a legal obligation to ensure the safety of others. It isn't limited to just not doing harm; it also means taking reasonable steps to prevent harm.

The proposed digital duty of care will put the onus on tech companies such as Meta, Google and X to protect consumers from harm on their online platforms. It will bring social media platforms in line with companies who make physical products, who already have a duty of care to do their best to make sure their products don't harm users.

The digital duty of care will require tech companies to regularly conduct risk assessments to proactively identify harmful content.