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Wells Offers To Shift Power Over Digital Harm Rules to Win Coalition Backing

A move to give parliament a greater role in defining new 'serious harms' could defuse censorship fears and decide how tech platforms are held to account.

Overview

  • On Sunday Communications Minister Anika Wells said she is prepared to change draft digital duty of care laws so parliament, not only a minister, can decide what counts as a new 'serious harm'.
  • The exposure draft would require major platforms to identify and reduce named harms such as child sexual exploitation, grooming, explicit threats, encouragement of self-harm, serious harassment, and instructions for criminal or drug activity.
  • The bill would force platforms to offer account holders aged 16 and over a clear opt-in or opt-out choice between algorithmic recommendation feeds and a feed limited to followed accounts.
  • The Coalition, led by Angus Taylor, opposes the draft and says ministerial designation powers risk political censorship, while Labor is seeking bipartisan support by narrowing those powers and inviting wording negotiations.
  • If enacted the law would expand the eSafety regulator's enforcement powers and expose tech companies to fines in excess of A$100 million, and its real-world effect will depend on technical definitions, age checks, default settings and compliance testing.