Digital Duty of Care Legislation

Australia has introduced ‘Digital Duty of Care’ legislation, obligating technology companies to take proactive steps to ensure the safety of Australians online and to prevent online harms effectively. This new duty also serves to future-proof the Online Safety Act, ensuring that Australians continue to benefit from world-leading online safety protections.

This duty of care model stems from key recommendations made by the independent statutory review of the Online Safety Act 2021, led by Ms Delia Rickard. Michelle Rowland, minister for communications, emphasized that online services in Australia can do more to protect users proactively. The Digital Duty of Care is designed to shift the responsibility onto the industry to prevent online harms at a systemic level, rather than having individuals navigate these risks on their own.