Reasonable steps in digital platform regulation: what is reasonable and to whom?

The concept of ‘reasonable steps’ is embedded throughout Australian digital platform regulation. Yet, despite being a widespread concept in the digital regulatory framework, determining what is or is not a reasonable step is not a clear-cut process. As the 2024 eSafety Commissioner v X Corp case highlighted, determining reasonableness can be highly contested, with regulators, digital platforms, politicians and the public often not seeing eye-to-eye. However, as discussions about reviewing and strengthening Australia’s OSA and other regulatory frameworks for digital platforms continue, the concept of ‘reasonable steps’ in the online world is likely to be reinforced across the regulatory landscape.

This policy briefing reflects discussions from a roundtable of 17 experts from academia and civil society in January 2025, where we examined the concept of reasonable steps, debating its usefulness and whether and how it could be improved. The event was held under the Chatham House Rule, meaning this briefing presents an overview of the discussion, without attributing specific comments.