Proposed Digital Duty of Care would shift more online safety responsibility to tech platforms

The useful part

The proposed Digital Duty of Care would require online services to identify foreseeable risks and take reasonable steps to prevent them. For educators, the debate comes as schools continue managing the effects of social media, harmful content and excessive device use on students. Recent eSafety research found 74% of Australian children had encountered content associated with harm online.

How it works

• Educators have also been examining how to manage student behaviour under the new rules and respond to social media-related wellbeing pressures.
• It also wants highly dysregulated or compulsive use recognised as a potential harm, alongside clearer standards for user safety tools.
• "While we welcome better tools to empower users of online platforms, the existence of a safety tool does not guarantee a safe online environment.
• How to make online platforms safer for young people Media literacy can strengthen online safety for children.
• Proposed duty targets platform design The Federal Government released the Online Safety Amendment (Digital Duty of Care) Bill 2026 for consultation in September.

What to take from it

Its submission calls for definitions broad enough to account for emerging online risks. The proposal focuses on preventing foreseeable harm through the design and operation of online services, rather than relying primarily on complaints and content removal. The Alannah & Madeline Foundation supports that direction but wants the legislation strengthened.

Example or evidence

• "Children and parents should not bear the burden of keeping themselves safe in digital environments that were never designed with their best interests in mind.
• Just as toy companies and car seat manufacturers have an obligation to ensure their products are safe for children, so too should the digital platforms used by children," Director of Policy & Prevention...
• These are issues that can also surface in student wellbeing and behaviour at school.
• "Children tell us they have seen violent or disturbing content without seeking it out, are contacted by strangers, and struggle to regulate their use of devices, games and apps.

Details worth keeping

Schools are already adapting to wider online safety reforms, including restrictions on social media access for children under 16. Foundation seeks stronger safeguards The Foundation made 12 recommendations on the exposure draft, including making children's best interests a legal responsibility for platforms. Most children who have a negative experience online do not report them, and many parents do not use parental controls at all, particularly once their children get older," Kurzeme said.

Related coverage

• Cnet: Act would accelerate age verification plans and ban social media use for those under 13.
• Pocketgamer: Act.
• Thelocal: Thursday for strict age limits for children to access social media, games and AI assistants -- and on forcing companies to make platforms safe before minors use them.
• Brisbanetimes: "With this new digital duty of care and this new era coming about, I think it will be great to have new leadership," the eSafety Comissioner says.