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A new Labor government proposal announced overnight will require social media platforms to be responsible for their users’ mental health under the Online Safety Act.
Communications Minister Michelle Rowland has announced a new addition to the Online Safety Act that will make social media companies legally responsible for the mental health of Australian users.
Minister Rowland made the announcement overnight during an address to the not-for-profit Sydney Institute, saying that the Albanese government will “develop a digital duty of care regulatory model to keep users safe and help prevent online harms”.
The adoption of a digital duty of care model was one of the recommendations handed down by a recent independent review of the Online Safety Act by the deputy chair of the ACCC, Delia Rickard.
Under the proposed laws, social media companies will be required to identify and monitor potential risks to their users and prevent online harm.
“This, as part of a growing global effort, will deliver a more systemic and preventative approach to making online services safer and healthier,” Minister Rowland said.
“Where platforms seriously breach their duty of care – where there are systemic failures – we will ensure the regulator can draw on strong penalty arrangements.”
The government will also legislate four “enduring categories of harm”, which may include harm to children and young people, harm to mental health and wellbeing, the sharing and promotion of damaging practices, and “other illegal content, conduct and activity”.
“This is an important national conversation, and the Commonwealth is providing national leadership,” Minister Rowland said.
“This world-leading legislation will impose a positive obligation on social media to prevent children under this age from having an account.”
There’s little detail on how the proposed digital duty of care legislation will work in practice; however, the move is already being welcomed by observers.
David Braga, CEO of the International Justice Mission Australia, called the proposal a necessary step in reforming the Online Safety Act.
“Together with survivors of online sexual exploitation of children and child protection advocates right around Australia, International Justice Mission has called for a legal duty of care to be imposed on tech companies in our country as part of the Albanese government’s response to the Online Safety Act review, and we warmly welcome this important announcement from Minister Rowland,” Braga said in a statement.
Sunita Bose, managing director of the Digital Industry Group Inc (DIGI), is also behind the proposed changes to the act.
“DIGI’s members together represent some of the safest sections of the internet, and their work to keep people safe on their services never stops,” Bose said
“The Online Safety Act must keep pace with technology, and we welcome efforts to keep it future-proof.”
David Hollingworth has been writing about technology for over 20 years, and has worked for a range of print and online titles in his career. He is enjoying getting to grips with cyber security, especially when it lets him talk about Lego.
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