Government to impose ‘duty of care’ on digital platforms: Communiations Minister Rowland

The Albanese government will develop and legislate a “Digital Duty of Care” to place the onus on platforms to keep people safe and better prevent online harms, Communications Minister Michelle Rowland has announced.

In a speech to the Sydney Institute on Wednesday night, Rowland said a change of approach was needed.

“To date, the Online Safety Act has been a crucial tool for incentivising digital platforms to remove illegal content, usually applied remedially and case by case. However, it does not, in a fundamental sense, incentivise the design of a safer, healthier, digital platforms ecosystem.

"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.”

The change would bring Australia into line with the United Kingdom and European Union approaches. Platforms would have to take reasonable steps to prevent foreseeable harms, underpinned by risk assessment and risk mitigation and informed by safety-by-design principles.

A duty of care was “a common law concept and statutory obligation that places a legal obligation to take reasonable steps to protect others from harm. It is a proven, workable and flexible model,” Rowland said.

“This, as part of a growing global effort, will deliver a more systemic and preventative approach to making online services safer and healthier.

"Where platforms seriously and systemically breach their duty of care we will ensure the regulator can draw on strong penalty arrangements,” Rowland said.

The duty of care model was recommended by a review of the Online Safety Act, which went to the government last month. The government brought forward the statutory review of the act by a year to ensure online safety laws were up to date.

The government says legislating a duty of care will mean tech platforms will need to continually identify and mitigate potential risks as technology and services alter.

The changes will support the existing complaint and removal schemes for illegal and harmful material. under the Online Safety Act.