What is the 'duty of care' at the centre of the Bill?

A statutory obligation requiring digital platforms to take reasonable steps to ensure a safe online environment, shifting Australia’s model from reactive complaints-based takedowns to proactive risk management.

What is the 'My Feed, My Way' mandate?

A requirement that platforms let Australians aged 16 and over easily opt in or out of algorithmically curated feeds.

What happens if a platform doesn't comply?

The eSafety Commissioner can audit risk assessments, demand removal of specific tools such as AI "nudify" generators, issue remedial directions, and impose penalties of up to A$109 million.

How does this relate to the Under-16 Social Media Ban?

It builds on that ban’s age-verification groundwork, adding an outright prohibition on addictive design features and personalised algorithms for under-16 users.

Brief

Media

Digital Regulation

Freemium

Duty of Care: Australia's Plan to Re-Engineer the Rules of Online Engagement

The proposed Online Safety Amendment (Digital Duty of Care) Bill 2026 would force platforms to redesign addictive features and

David Kennedy · Venture Insights12 October 2026Period: 2026

Last updated 12 October 2026

Companies covered:MetaGoogle

Abstract

This report examines the Australian Government's proposed Online Safety Amendment (Digital Duty of Care) Bill 2026. It sets out the Bill's legislative strategy, the design-feature restrictions and algorithmic-choice mandates it would introduce, and the enforcement regime available to the eSafety Commissioner, before examining the six provisions that have drawn the sharpest disagreement. It then makes the economic case for the Bill, covering workplace productivity and the commercial sustainability of domestic media, sets out Venture Insights' own view on which parts of the Bill deserve support, and situates the legislation within the broader suite of Australian platform regulation.

Key Takeaways

The Bill layers a proactive statutory duty of care on top of Australia's existing complaints-based takedown scheme while repealing the separate Codes, Standards and Basic Online Safety Expectations framework.
Platforms would be required to manage addictive design features - infinite scroll, disappearing content, visible engagement metrics, and recommender algorithms.
Adults aged 16+ must be shown an explicit popup choice between an algorithmic feed and a follows-only feed under the "My Feed, My Way" provision; under-16s are barred from addictive design and personalised algorithms outright.

What's Inside

The Broader Regulatory Context

The Legislative Strategy

The Most Contested Provisions

Our View: Regulate the Architecture, Not the Message

The Economic Case: Productivity and Local Media Sustainability

Sources

1.U.S. Embassy & Consulates in Australia, "U.S. Government Response to the Australian Consultation on the Online Safety Amendment (Digital Duty of Care) Bill 2026." https://au.usembassy.gov/u-s-government-response-to-the-australian-consultation-on-the-online-safety-amendment-digital-duty-of-care-bill-2026/
2.MLex, "US warns Australia's digital duty-of-care plan could encourage censorship." https://www.mlex.com/mlex/data-privacy-security/articles/2528784
3.The Conversation, "'Digital duty of care' laws will force tech platforms to look after users," September 2026. https://theconversation.com/digital-duty-of-care-laws-will-force-tech-platforms-to-look-after-users-291375
4.Liberal Party of Australia, "Coalition opposes Labor's digital duty of care bill in its current form," 10 September 2026. https://www.liberal.org.au/2026/09/10/coalition-opposes-labors-digital-duty-of-care-bill-its-current-form

Abstract

Key Takeaways

What's Inside

The Broader Regulatory Context

The Legislative Strategy

The Most Contested Provisions

Our View: Regulate the Architecture, Not the Message

The Economic Case: Productivity and Local Media Sustainability

Frequently Asked Questions

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