Key Findings
The federal government’s proposed Digital Duty of Care is conceptually flawed and will necessarily impinge on Australians’ rights to free speech, association, and political participation.
IPA analysis of the available government materials outlining the proposal identifies five dangers inherent in the Digital Duty of Care:
- The meaning of “serious harms” is vague, subjective, and will expand over time.
- The duty to eliminate intangible harms will allow the government to smuggle its abandoned misinformation laws in through the backdoor.
- The wide and uncertain scope of the duty will incentivise over-compliance by regulated companies.
- Compliance with the Digital Duty of Care will require increased surveillance of internet users.
- The duty will be enforced by the unaccountable Office of the eSafety Commissioner.
