Australia's digital duty of care bill would make apps answer for harm to children

Australia's Communications Minister Anika Wells introduced a Digital Duty of Care bill to the federal parliament on Thursday, October 15, 2026. The bill, which amends the country's Online Safety Act, would make the companies behind social media, games, apps and AI chatbots legally responsible for protecting users, and under-18s in particular, from seriously harmful material and from product features that cause harm. It would also require social media services to let people choose whether their main feed is chosen by an algorithm or made up only of the accounts they follow. The government says companies that fail to comply could face penalties of up to A$109.2 million.

For most parents, keeping children safe online has meant doing the work themselves: setting up controls, checking phones, and arguing about screen time at the dinner table. Australia's bill tries to shift part of that burden onto the companies that design the apps. Instead of waiting for a complaint after harm is done, a platform would owe a standing duty to its users and would have to show that its features and tools do not cause harm. Wells made the case bluntly, saying that "big tech has been allowed to live-test its products on Australians". She also said she could picture a future in which people look back and wonder why technology companies were ever given "unfettered" access to children.

The bill builds on Australia's existing minimum age for social media, which keeps children under 16 off major platforms. That rule decides who may hold an account. The new duty of care goes further, covering how services are designed for everyone who uses them, with a special obligation towards under-18s. The feed choice is aimed at one of the features parents worry about most: recommendation systems that keep pushing more of whatever a young person lingers on, whether that is extreme dieting, risky stunts or violent clips.

The proposal is not settled. The opposition argues it hands the government too much power over what people can say online and has promised to fight it "every step of the way". An earlier draft clause that would have let the minister define harmful content was removed before the bill was introduced. The Greens support the idea but want tougher enforcement, including the right for people to take platforms to court themselves, and a Senate inquiry is expected.

Short-term: Nothing changes for Australian families yet. The bill must pass both houses, and its Senate fate depends on negotiations with the Greens and a likely inquiry.

Long-term: If it becomes law, Australia would add a broad legal duty of care for platforms on top of its age limit for accounts. Other governments, already watching Australia's under-16 rule, would gain a working model to study. For parents everywhere, including in India, the debate is a reminder that the design of an app shapes a child's day as much as any household rule.

Who is affected: Australian children and teenagers and their parents, social media, gaming and AI chatbot companies operating in Australia, and policymakers in other countries weighing similar laws.

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