Read The Times Australia

Daily Bulletin

Do big tech companies have a ‘duty of care’ for users? A new report says they do – but leaves out key details

  • Written by: Lisa M. Given, Professor of Information Sciences & Director, Social Change Enabling Impact Platform, RMIT University
Do big tech companies have a ‘duty of care’ for users? A new report says they do – but leaves out key details

Large social media companies should have to proactively remove harmful content from their platforms, undergo regular “risk assessments” and face hefty fines if they don’t comply, according to an independent review of online safety laws in Australia.

The federal government has today released the final report of the review conducted by experienced public servant Delia Rickard, more than three months after receiving it.

The review comes a few months after Meta announced it will stop using independent fact checkers to moderate content on Facebook, Instagram and Threads.

Rickard’s review contains 67 recommendations in total. If implemented, they would go a long way to making Australians safer from abusive content, cyberbullying and other potential harms encountered online. They would also align Australia to international jurisdictions and address many of the same problems targeted by the social media ban for young people.

However, the recommendations contain serious omissions. And with a federal election looming, the review is not likely to be acted upon until the next term of government.

Addressing online harms at the source

The review recommends imposing a “digital duty of care” on large social media companies.

The federal government has already committed to doing this. However, legislation to implement a digital duty of care has been on hold since November, with discussions overshadowed by the government’s social media ban for under 16s.

The digital duty of care would put the onus on tech companies to proactively address a range of specific harms on their platforms, such as child sexual exploitation and attacks based on gender, race or religion.

It would also provide several protections for Australians, including “easily accessible, simple and user-friendly” pathways to complain about harmful content. And it would position Australia alongside the United Kingdom and the European Union, which already have similar laws in place.

Online service providers would face civil penalties of 5% of global annual turnover or A$50 million (whichever is greater) for non-compliance with the duty of care.

Two new classes of harm – and expanded powers for the regulator

The recommendations also call for a decoupling of the Online Safety Act from the National Classification Scheme. That latter scheme legislates the classification of publications, films and computer games, providing ratings to guide consumers to make informed choices for selecting age-appropriate content.

This shift would create two new classes of harm: content that is “illegal and seriously harmful” and “legal but may be harmful”. This includes material dealing with “harmful practices” such as eating disorders and self-harm.

The review’s recommendations also include provisions for technology companies to undergo annual “risk assessments” and publish an annual “transparency report”.

The review also recommends adults experiencing cyber abuse, and children who are cyberbullied online, should wait only 24 hours following a complaint before the eSafety Commission orders a social media platform to remove the content in question. This is down from 48 hours.

It also recommends lowering the threshold for identifying “menacing, harassing, or seriously offensive” material to that which “an ordinary reasonable person” would conclude is likely to have an effect.

The review also calls for a new governance model for the eSafety Commission. This new model would empower the eSafety Commissioner to create and enforce “mandatory rules” (or codes) for duty of care compliance, including addressing online harms.

Woman with blond hair wearing a pink blazer, sitting at a table with her hands crossed.
The recommendations would give more power to the eSafety Commissioner, Julie Inman Grant. Mick Tsikas/AAP

The need to tackle misinformation and disinformation

The recommendations are a step towards making the online world safer for everybody. Importantly, they would achieve this without the problems associated with the government’s social media ban for young people – including that it could violate children’s human rights.

Missing from the recommendations, however, is any mention of potential harms from online misinformation and disinformation.

Given the speed of online information sharing, and the potential for artificial intelligence (AI) tools to enable online harms, such as deepfake pornography, this is a crucial omission.

From vaccine safety to election campaigns, experts have raised ongoing concerns about the need to combat misinformation.

A 2024 report by the International Panel on the Information Environment found experts, globally, are most worried about “threats to the information environment posed by the owners of social media platforms”.

In January 2025, the Canadian Medical Association released a report showing people are increasingly seeking advice from “problematic sources”. At the same time technology companies are “blocking trusted news” and “profiting” from “pushing misinformation” on their platforms.

In Australia, the government’s proposed misinformation bill was scrapped in November last year due to concerns over potential censorship. But this has left people vulnerable to false information shared online in the lead-up to the federal election this year. As the Australian Institute of International Affairs said last month:

misinformation has increasingly permeated the public discourse and digital media in Australia.

Two people standing in front of the Meta logo which features a blue figure eight on its side.
Tech giant Meta recently announced it will stop using independent fact checkers to moderate content on Facebook, Instagram and Threads. Jeff Chiu/AP

An ongoing need for education and support

The recommendations also fail to provide guidance on further educational supports for navigating online spaces safely in the review.

The eSafety Commission currently provides many tools and resources for young people, parents, educators, and other Australians to support online safety. But it’s unclear if the change to a governance model for the commission to enact duty of care provisions would change this educational and support role.

The recommendations do highlight the need for “simple messaging” for people experiencing harm online to make complaints. But there is an ongoing need for educational strategies for people of all ages to prevent harm from occurring.

The Albanese government says it will respond to the review in due course. With a federal election only months away, it seems unlikely the recommendations will be acted on this term.

Whichever government is elected, it should prioritise guidance on educational supports and misinformation, along with adopting the review’s recommendations. Together, this would go a long way to keeping everyone safe online.

Authors: Lisa M. Given, Professor of Information Sciences & Director, Social Change Enabling Impact Platform, RMIT University

Read more https://theconversation.com/do-big-tech-companies-have-a-duty-of-care-for-users-a-new-report-says-they-do-but-leaves-out-key-details-248995

Business News

How Fulfilment Services in Australia Help Businesses Scale Efficiently

The growth of e-commerce and modern retail has transformed customer expectations. Consumers now expect fast shipping, accurate order processing, and seamless delivery experiences regardless of where...

Daily Bulletin - avatar Daily Bulletin

Practical Ways Australian Workplaces Can Reduce Operating Costs

Reducing business costs doesn’t always mean cutting staff, shrinking services or making the workplace feel bare-bones. In many cases, the smarter savings are hiding in everyday operations: the light...

Daily Bulletin - avatar Daily Bulletin

Executive Recruitment Solutions That Help Organisations Secure Exceptional Leaders

Leadership has a direct impact on organisational performance, employee engagement, strategic growth, and long-term success. Businesses operating in increasingly competitive environments require experi...

Daily Bulletin - avatar Daily Bulletin

Why A WooCommerce Website Designer Matters For Online Growth

Running an online store today requires more than simply listing products and waiting for customers to arrive. Businesses need a website that is fast, reliable, easy to navigate, and designed to suppor...

Daily Bulletin - avatar Daily Bulletin

Turning Your Empty Tables into Revenue

The rise of AI demand tools in hospitality, the EatClub–CommBank partnership, and seven trends reshaping Australian dining  A growing number of Australian venues are turning to AI-powered demand ma...

Daily Bulletin - avatar Daily Bulletin

High-Impact Dental Marketing Strategies That Are Driving Real Practice Growth Today

The landscape of dental practice growth in Australia has shifted dramatically over recent years. Standard, broad-spectrum advertising campaigns no longer yield the return on investment they once did. ...

Daily Bulletin - avatar Daily Bulletin

How Telematics Helps Australian Companies Improve Productivity

Operating a commercial fleet in Australia is a uniquely demanding endeavour. Between the sprawling urban sprawl of cities like Sydney and Melbourne and the immense, unforgiving stretches of the Outb...

Daily Bulletin - avatar Daily Bulletin

Inside the Icon: The BridgeMuseum Officially Opens at the Sydney Harbour Bridge

A bold new way to experience one of Australia’s most recognisable landmarks has arrived, with BridgeClimb Sydney officially opening the all-new BridgeMuseum.  Located inside the Sydney Harbour Bridge...

Daily Bulletin - avatar Daily Bulletin

Is Your Brand Showing Up in AI Search? Most Melbourne Brands Aren't.

The New Front Door Nobody Told You About Something changed. Quietly. Without a press release. The way buyers find businesses in Australia has been rewired. Not replaced, rewired. Google isn't dead...

Daily Bulletin - avatar Daily Bulletin

The Daily Magazine

Traffic Light System Solutions For Safer And More Efficient Traffic Management

Modern cities and growing communities rely heavily on effective traffic management to ensure safety...

Gold Migration Lawyers in Liquidation: How the Closure Affects Your ART Appeal

If your appeal was with Gold Migration Lawyers, a recent change to how the Tribunal decides cases ...

The pressure cooker: life in urban Australia in 2026

Australian cities have always been demanding. Long commutes, rising housing costs, busy schedules a...

What Actually Makes a Good Criminal Lawyer in Melbourne

Most people only think about this question once. That is usually too late. Most people charged wi...

Why Working With A Chatswood Tutor Can Improve Academic Performance

Academic expectations continue increasing for students across primary school, high school, and senio...

Is It Worth Getting Solar Panels in Melbourne?

The real question is not whether solar works in Melbourne. It works. The question is what it is co...

How A Diploma Of Project Management Builds Practical Skills For Modern Work Environments

Developing the ability to plan, execute, and deliver outcomes efficiently is a key requirement in to...

How to Choose the Right Football for Every Level

Choosing a football may seem straightforward, but the right option depends on who will be using it a...

What to Ask a Wedding Photographer Before You Book

Booking a wedding photographer can feel deceptively simple: you like the photos, you like the vibe...