The Australian Government takes significant steps to protect its citizens in the fast-changing digital environment by introducing groundbreaking legislation that improves online safety and data security. A Digital Duty of Care will require digital platforms to take proactive steps to prevent online harm and ensure the safety of Australian users. The legislation embodies the government’s commitment to creating top-notch online safety regulations, set to significantly shape the public sector’s approach to digital governance and its duties regarding data privacy and protection.
The Digital Duty of Care builds on the Online Safety Act 2021, which is currently receiving enhancements following an independent statutory review by Delia Rickard PSM. The review primarily suggested that digital platforms should establish a legal obligation to proactively address online risks.
Key Provisions of the New Legislation:
- Duty of care: Digital platforms in Australia must now take “reasonable steps” to prevent foreseeable harm on their platforms. Identify and manage risks continuously while adhering to the principles of safety-by-design.
- Proactive risk mitigation: Platforms must conduct continuous risk evaluations and modify their services in response to technological advancements under the updated framework. This proactive approach aligns with leading practices seen in regions like the United Kingdom and European Union.
- Online safety act future-proofing: The recent legislation aims to keep the Online Safety Act effective and relevant by addressing emerging threats. This initiative improves existing mechanisms to tackle and remove harmful or illegal content.
- Minimum age for social media access: The government evaluates the implementation of a minimum age of 16 for social media access to enhance the safety of the digital landscape.
The Albanese Government decided to accelerate the statutory review to address the urgent need for a legislative framework that aligns with the complexities of contemporary technology and online engagement. The Digital Duty of Care requires the public sector to ensure that its digital services and platforms meet new safety standards while maintaining the highest levels of data privacy and protection.
Minister for Communications, the Hon. Michelle Rowland MP, offers the following explanation:
“Australia’s online safety laws are world-leading, but they are not a set-and-forget framework. The Digital Duty of Care ensures that industry, including public sector entities, take responsibility for online safety proactively. This legislation is a crucial step in securing Australia’s online environment for all users, and its impact will be felt across all sectors, including government digital services.”
The Digital Duty of Care will significantly influence how public sector agencies design, deliver, and maintain digital services. Public sector entities must transition from a reactive stance to a proactive and comprehensive strategy regarding online safety, as mandated by the new legislation.
The updated standards emphasise the importance of improving data privacy protections. As government digital services rise, agencies must take on the critical responsibility of safeguarding personal data and sensitive information. Agencies must work closely with digital platforms to ensure they follow the latest safety protocols and current data privacy regulations, reinforcing the confidence of Australian citizens in government digital services.
This legislation signifies a pivotal change in the global approach to digital safety, as Australia takes the lead in this crucial domain. The Digital Duty of Care safeguards Australian citizens and shapes the development and execution of digital policies and technologies in the public sector.