Australia drafts Digital Duty of Care with algorithm opt out for feeds

The Albanese Government has published draft legislation for a Digital Duty of Care, opening it for targeted consultation before introducing it to Parliament later this year. The centerpiece is an initiative called "My Feed, My Way": social media platforms would have to notify new and existing users and offer them a choice about their default feed. Users could opt in to a feed built by the platform's recommendation algorithm, or opt out and see only content from the people and creators they follow. The government frames this as giving Australians over 16 control over what they see when they open an app, rather than leaving the algorithm as the only option. The Duty of Care itself is broader than feeds. It would set minimum standards that digital service providers, including online games, apps and AI chatbots, must meet to keep the service safe, and would specifically require protecting under-18 users from design features tied to negative behavioral effects, such as addictive mechanics or features that can damage a young person's self esteem. It would also require protection from harmful content categories: material that promotes, encourages or accelerates eating disorders; content pushing hostile ideas about women and gender equality; pornography; content glorifying crime or life-endangering stunts; and content causing serious mental health distress, including abuse and bullying. Separately, the draft laws would give the eSafety Commissioner power to issue removal notices against nudify apps and websites, and would streamline the existing child cyberbullying and adult cyber abuse schemes so eSafety can act faster on that material. Platforms would be required to document the measures they take against identified risks of harm and to keep those measures effective over time. Noncompliance with the Duty of Care could draw penalties of up to $109.2 million, with the independent eSafety Commissioner handling compliance and enforcement. The government says it is now seeking feedback from digital platforms, industry bodies, civil society organizations and advocates on the draft text. Prime Minister Anthony Albanese said the move builds on Australia's existing social media age ban and framed it as "not about giving government control, it is about giving people control." Minister for Communications Anika Wells compared the Duty of Care to existing safety standards for cars, toys or food, and said it extends beyond social media to chatbots, gaming platforms, apps and messaging platforms, while also giving parents tools to keep their families safe online.

Key facts

Australia's government released draft Digital Duty of Care legislation for targeted consultation, with introduction to Parliament planned this year.
"My Feed, My Way" would require platforms to notify users and let those over 16 opt in to an algorithmic feed or opt out to see only people and creators they follow.
The Duty of Care sets minimum safety standards for digital services, including AI chatbots and gaming platforms, and requires protecting under-18 users from addictive design features and harmful content categories such as eating-disorder promotion, pornography and content glorifying crime.
The draft laws give the eSafety Commissioner power to issue removal notices for nudify apps or websites and streamline cyberbullying and cyber abuse enforcement schemes.
Noncompliance could bring penalties of up to $109.2 million, enforced by the independent eSafety Commissioner.

Why it matters

This is a government, not a platform, deciding that algorithmic recommendation should be a choice rather than a default. It follows Australia's earlier social media age ban and extends the same regulatory posture: rather than banning a feature outright, the state mandates that users be offered an alternative to it. If enacted, it would be one of the more concrete attempts anywhere to legislate control over recommendation algorithms specifically, rather than content moderation in general.

Who it affects

Social media platforms operating in Australia would have to build and ship the opt-in/opt-out notification and feed-choice mechanism for users over 16. The broader Duty of Care reaches further: online games, apps and AI chatbot providers would also need to meet minimum safety standards protecting under-18 users from addictive design and harmful content. Providers of "nudify" apps or websites face a new removal-notice power held by eSafety. Australian users, especially those over 16 who use algorithmic feeds, gain a formal choice mechanism; users under 18 gain additional content and design protections regardless of platform type.

How to use it

There is nothing to use yet: this is draft legislation open for targeted consultation with digital platforms, industry bodies, civil society organizations and advocates, with introduction to Parliament planned for later this year. The source does not give a specific date for that introduction or for when the feed-choice notification requirement would take effect if passed.

How solid is it

This is a primary source: the official release from the Australian Prime Minister's office, carrying direct quotes from Prime Minister Anthony Albanese and Minister for Communications Anika Wells. It describes government policy intent and draft legislative content directly, which is as solid as a pre-enactment announcement gets, but it remains a draft: the text can change during consultation and parliamentary passage, and no specific implementation dates are given yet.

Risks and caveats

The release does not specify how the $109.2 million penalty applies, whether per breach, per platform, or per affected user, nor does it describe the mechanism eSafety would use to decide when to issue a removal notice against a nudify app or site. It also does not name the date or process behind the "world leading social media age ban" it references as already in place. As a consultation draft, the final scope, thresholds and enforcement details could shift before or during the parliamentary process.

“This is not about giving government control, it is about giving people control.”

— Anthony Albanese, Prime Minister of Australia