“Duty of care” will refresh the Australian social media regulation debate

The Digital Duty of Care model offers a flexible, preventative approach to online safety compared to disinformation laws.

David Kennedy · Venture Insights21 November 2024Period: November 20244 min read

16→

Proposed minimum age for social media access in Australia

2023→

Year of the independent review of the Online Safety Act

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Abstract

This report analyses the Australian Government's shift toward a Digital Duty of Care regulatory model for social media platforms. Following the UK and EU's 'fast follower' strategy, the initiative aims to enhance online safety by mandating platforms take reasonable steps to prevent harm. Key measures include a proposed ban on users aged 16 and younger and the introduction of regular risk assessments. This approach is viewed as more flexible and objective than previous mis/disinformation legislation.

Key Takeaways

The Australian Government is adopting a Digital Duty of Care model to mandate platforms minimize harmful content.
A minimum age of 16 will be legislated for social media access, placing the burden of enforcement on platforms.
The duty of care approach is preferred over mis/disinformation laws due to its flexibility and basis in established common law.

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Frequently Asked Questions

Australia is pivoting to a Digital Duty of Care model, moving away from prescriptive mis/disinformation laws toward a framework based on the 2023 review of the Online Safety Act. This approach mandates that platforms take reasonable steps to mitigate harm, prioritizing common-law flexibility over rigid content-specific rules.

Legislation will mandate a minimum age of 16 for social media access, shifting the entire burden of enforcement onto the platforms. The government acknowledges that while no system is 100% foolproof, platforms must demonstrate proactive risk management to remain compliant.

The legislation targets 'age-restricted social media' such as TikTok and X, while explicitly exempting the gaming sector. This policy aligns with UK and EU standards to ensure international harmonization across global digital markets.

“Duty of care” will refresh the Australian social media regulation debate

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