The Human Rights Law Centre has welcomed the Albanese Government announcement of plans to introduce a digital duty of care, which would require social media platforms such as Facebook, Instagram, and X to take reasonable steps to protect users from foreseeable harm, as an important first step to address the growing risks of online harm.

A broad duty of care, applicable to all users, is a more balanced and effective solution, compared with other overly heavy-handed proposed measures, such as blanket bans on social media access for children and young people. A duty of care for social media platforms is a key recommendation in the Human Rights Law Centre’s report released last month, Rights First, which outlines principles for regulating online platforms in a way that protects fundamental rights.

For the duty of care to be effective, social media platforms must:

• uphold and protect the fundamental rights of users, including the freedom of expression and the right to be free from discrimination;
• undertake comprehensive risk assessments to identify and analyse risks posed by their services;
• implement effective risk mitigation measures to address risks; and
• open their risk assessment and mitigation processes to independent scrutiny and verification.

David Mejia-Canales, Senior Lawyer at the Human Rights Law Centre, said:

“Digital platforms are eroding Australia’s democracy and getting away with treating people as products. The Albanese Government’s proposed duty of care is a first step to ensuring people can connect with their community and feel safe online.

 Platforms must be held to a high standard, with clear requirements to protect users’ safety while safeguarding our freedoms of expression and our right to be free from discrimination.

“It is also vital that the rights of children and young people are protected. While the government’s concern for young users’ safety is understandable, blanket bans risk cutting young people off from important opportunities to engage, learn, and share information online. A broad, rights-based duty of care that protects all users from harm is a more effective and proportionate solution. We look forward to working with the Albanese Government to ensure the legislation reflects these principles and strikes the right balance between safety and human rights.”

Media contact:
Thomas Feng
Engagement Director
0431 285 275
thomas.feng@hrlc.org.au