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US Embassy Warns Australia’s Algorithm Opt-Out Proposal Risks Censorship

A rare US submission says the draft Digital Duty of Care could enable platform suppression of protected speech with effects beyond Australia.

Overview

  • On Tuesday, Sept. 22, the US Embassy in Canberra made a rare public submission warning the exposure draft could amount to “extraterritorial censorship” and urged Australia to withdraw mandates that force platforms to algorithmically suppress content.
  • The Australian government says the draft law would give users control by forcing platforms to offer a clear choice between a personalised algorithmic feed and a follow-only feed and has publicly defended the proposal.
  • The US asked for clarity on how Australia would define “harm” and “risk”, who would decide those standards, what powers the eSafety Commissioner would have, and what appeal rights platforms or users would get.
  • The draft expands eSafety powers and carries penalties up to roughly A$109.2 million, builds on December’s under-16 social media ban, and has already prompted industry pushback and the prospect of legal challenges.
  • Experts say the biggest practical tests will be technical defaults, age checks and enforcement mechanics because mandatory feed rules could force global platforms to change designs worldwide and reduce reach for sensitive journalism.