Following its landmark move to set an age limit for social media access, the Australian government has now released a new draft legislation known as the Digital Duty of Care.
The core feature of this proposed legal framework is an Australian-first initiative called “My Feed, My Way.” Under the proposed rules, social media apps will no longer be allowed to quietly funnel users into algorithmically tailored content loops without clear permission.
Instead, platforms must send a direct notification to both new and existing users, offering them a clear choice regarding their default feed layout. Users can explicitly choose to opt in to an algorithmic feed that recommends content based on their personal data and viewing habits. Alternatively, they can opt out and restrict their main feed strictly to posts from friends, family, and accounts they explicitly choose to follow.
Beyond feed preferences, the draft laws outline strict safety rules aimed at protecting young people online. Digital service providers, which include social media apps, online video games, software platforms, and AI chatbots, will be legally required to protect users under 18 from harmful design mechanics.
Furthermore, the Duty of Care demands that platforms shield underage users from severe content hazards. These include posts that encourage eating disorders, content promoting hostile views toward women and gender equality, explicit pornography, posts glorifying crime or dangerous stunts, and cyberbullying material that causes severe mental distress.
To ensure tech companies take the rules seriously, the legislation gives Australia’s independent regulator, the eSafety Commissioner, significant enforcement powers. If a tech company fails to satisfy the mandatory Duty of Care, it could face financial penalties reaching up to $109.2 million.
Prime Minister Anthony Albanese defended the proposed legislation, stating, “This is not about giving government control, it is about giving people control.”
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