# Australia Proposes 'Digital Duty of Care' Legislation for Tech Giants

New regulations aim to hold tech companies accountable for online safety.

- **Source:** [www.theregister.com - Articles](https://brifing.si/source/2c34ea50-d341-4a10-925d-12c012a9ad10)
- **Published:** 2026-09-08
- **Topic:** [Business](https://brifing.si/c/business)
- **Original article:** <https://www.theregister.com/legal/2026/09/08/global-reckoning-is-coming-for-big-tech-says-australian-minister/5294909>
- **On Brifing:** https://brifing.si/s/9f73b05b-ecee-4816-af02-e43711c54086

## Introduction to Digital Duty of Care

Australia’s government is introducing legislation to regulate digital services, imposing a 'digital duty of care' on tech companies. Minister Anika Wells stated that tech companies have been conducting unregulated product testing on Australians for too long. The new law aims to establish basic safety standards for online tools and services, ensuring tech companies can innovate responsibly without causing harm.

## Historical Context: Move Fast and Break Things

The phrase 'Move fast and break things' was famously used by Meta (formerly Facebook) to describe its rapid innovation process. However, Australia’s government argues that tech companies have broken more than intended in their pursuit of profit. This legislation seeks to prevent such unintended consequences by holding companies accountable for the safety and well-being of their users.

## Protecting Children Online

Prime Minister Anthony Albanese framed the digital duty of care as a continuation of Australia’s efforts to protect children online. The law will prevent social media companies from providing accounts to children under 16, ensuring they are not treated as commodities. Albanese emphasized the importance of shaping technology for the better, rather than letting it shape society negatively.

## User Control Over Content

The proposed law will require social media companies to give Australian users control over their feeds. Users can opt into a feed showing only content from accounts they follow, avoiding algorithmic recommendations. They can switch back to algorithmic feeds at any time, ensuring flexibility and personalization in their online experience.

## Addressing Harmful Content

The law will allow the relevant minister to seek a parliamentary vote to ban certain harmful content, such as glorification of crime, terrorism, eating disorders, pornography, sexual violence, and misogyny. The e-Safety Commissioner will recommend content to be declared harmful, subject to parliamentary approval before enforcement.

## Legal Precedent: Donoghue v Stevenson

The term 'digital duty of care' references the 1932 legal case Donoghue v Stevenson, which established the concept of duty of care in tort law. The case involved a decomposed snail in a ginger beer bottle, leading to gastro-enteritis. This landmark case set the precedent for providers of goods and services to avoid foreseeable harms, a principle now applied to digital platforms.

## Global Impact and Support

Albanese and Wells highlighted the global movement inspired by Australia’s social media ban for children under 16, with over 20 countries adopting similar measures. They expressed hope that the digital duty of care could also gain international traction, leading to a broader reckoning for big tech companies worldwide.

## Conclusion: A New Era for Tech Regulation

Australia’s proposed digital duty of care legislation marks a significant step in holding tech companies accountable for online safety. By establishing clear standards and user protections, the law aims to balance innovation with responsibility, setting a precedent for global tech regulation and ensuring a safer digital environment for all users.

## Sources covering this story

- https://www.theregister.com/legal/2026/09/08/global-reckoning-is-coming-for-big-tech-says-australian-minister/5294909 — 

---

_Summary written by Brifing from the original reporting. Copyright in the original article belongs to its publisher; read the full piece at the link above._
