Welcoming a digital duty of care

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Welcoming a digital duty of care

Reset Tech Australia celebrates the announcement from Minister Rowland that the Albanese Government will develop and legislate a Digital Duty of Care, to place the onus on digital platforms to keep Australians safe and better prevent online harms.

Reset Tech Australia has been advocating for a legislated duty of care for over two years.

A single, overarching duty of care was a key recommendation in our submission to the Online Safety Act Review, our evidence to the Joint Select Committee on Social Media and Australian Society, our 2023-2024 research on online systems risks, and a joint policy briefing with endorsements from leading children’s, consumer, and human rights voices.

We pay homage to the intellectual work of Professor Lorna Woods and Will Perrin in the U.K., whose development of this concept has paved the way for significant systems change.

A digital duty of care is a legal hook that activates a system of interlocking elements. These include, risk assessment, risk mitigation, public-facing and regulator-direct transparency measures, and accountability measures. The protective and preventative ability of the duty of care will rely on the strength of these four elements.

Dr Rys Farthing, Research Director says:

“This is a tremendously promising step towards a systemic online safety regime. Reset Tech Australia commends the Minister for taking this bold and necessary action. The Minister has overseen an industrious policy work program, and we commend the office for their willingness to absorb and implement best-practice. Implemented properly, a duty of care with diligent risk assessments and pro-active risk mitigation measures could really be a game changer for digital safety”.

“It is vital that the Government holds the line against the temptation to dilute or break the single duty down into smaller obligations. Australians deserve a broad and overarching duty owed to them from tech companies, as this is the only hook that can take us towards comprehensive user safety”.

“We urge the Albanese Government to formalise this vital direction as an election commitment”.