
Evidence has been mounting for more than a decade that social media tears away at the fabric of democratic life by eroding the conditions of deliberation, shared understanding and mutual trust; that it is the conduit of widespread misinformation, disinformation and malicious conspiracy theories; that it is a driver of hate, sexism and prejudice and has been used to incite violence; that its addictive design and prolonged exposure to harmful content has had egregious damage to the mental health and emotional wellbeing of adolescents.
Until recently, the size of tech companies responsible for the social media platforms, the speed with which new technologies are being deployed and the scale at which they are being adopted has meant the companies have managed to stay several steps ahead of attempts to impose effective regulation and demand accountability.
But a combination of the law catching up and a sharp turn in public sentiment against the companies themselves has led to a series of legislative responses around the world intended to mitigate the harms social media platforms cause.
Last week, the federal government released the exposure draft of its Online Safety Amendment (Digital Duty of Care) Bill 2026. First floated in 2024, this is the third such measure the Albanese government has introduced — the others being its abandoned Communications Legislation Amendment (Combatting Misinformation and Disinformation) Bill 2024 and its world-leading Online Safety (Age-Restricted Social Media Platforms) Rules 2025.
Alongside specific provisions to remove harmful content (such as AI generated “fake nude material”), the proposed legislation is notable in its adoption of more preventative measures, including requiring companies to conduct regular risk assessments in order to “proactively identify harmful content”. While this is a measure already in effect in the UK and parts of the EU, perhaps the more notable provision in the proposed legislation is giving social media users the ability to “opt out” of or “turn off” the algorithm that recommends content other than those accounts they follow on the basis of the activity on the platforms.
The Prime Minister has insisted this measure is “not about censorship. It’s about giving people control themselves over what they see.” But that has not prevented his political opponents from accusing the government of of attempting to “censor and silence Australians” (Shadow Treasurer Tim Wilson) or of “building the Orwellian machinery” for censorship (One Nation Leader Pauline Hanson). As Nationals Leader Matt Canavan said to the ABC:
“I’m deeply sceptical of giving any government, whether I was in charge, or Anika Wells is in charge, I’m deeply sceptical of giving any government the power to decide what you read on your phone.”
Particular concerns have been raised about the discretionary power accorded to the Minister responsible under section 25C of the exposure draft of the Online Safety Amendment (Digital Duty of Care) Bill 2026 to “determine material or conduct, or a combination of material and conduct, that the Minister is satisfied may cause serious harm”. In 2021, similar concerns were expressed in response to the UK government’s own Online Safety Bill, which likewise proposed to legislate a digital duty of care. The Carnegie Trust, which helped develop the “duty of care” framework the government would adopt, articulated its worry that the draft legislation “takes too many powers” for the minister/secretary and advised that, in order to meet “international commitments on free speech”, there should be “a separation of powers between the executive and a communications regulator”.
How much credence should be given to complaints that further regulating social media content poses a threat to freedom of speech in a country like Australia, which already has comparatively weak free-speech protections? Are these complaints merely self-interested, given that movements and populist parties on the political extremes have tended to benefit from the algorithmic “outrage machine”?
More broadly, given the “opt out” function already exists on most of the platforms and these companies’ predilection for “malicious compliance” (technically abiding by the legislation, but making it unreasonably difficult for users and/or the experience on the platforms significantly worse as a result), what would happen if the overwhelming majority of users simply opt back in to the algorithmically determined feed? Does user consent mitigate the harms?
READING:
- Jay Daniel Thompson, “‘Giving people control’: Do the proposed digital duty of care laws pose a threat to free speech?” (ABC Religion and Ethics, 14 September 2026)
- Lisa Given, “‘Digital duty of care’ laws will force tech platforms to look after users” (The Conversation, 8 September 2026)
- Rob Nicholls, “Australians may soon be able to switch off social media algorithms. Is that censorship?” (The Conversation, 9 September 2026)
Guest: Jay Daniel Thompson is a Senior Lecturer in the School of Media and Communication at RMIT University in Melbourne.
Fler avsnitt från "The Minefield"



Missa inte ett avsnitt av “The Minefield” och prenumerera på det i GetPodcast-appen.








