Modern Australian
The Times

Do big tech companies have a ‘duty of care’ for users? A new report says they do – but leaves out key details

  • Written by Lisa M. Given, Professor of Information Sciences & Director, Social Change Enabling Impact Platform, RMIT University
Do big tech companies have a ‘duty of care’ for users? A new report says they do – but leaves out key details

Large social media companies should have to proactively remove harmful content from their platforms, undergo regular “risk assessments” and face hefty fines if they don’t comply, according to an independent review of online safety laws in Australia.

The federal government has today released the final report of the review conducted by experienced public servant Delia Rickard, more than three months after receiving it.

The review comes a few months after Meta announced it will stop using independent fact checkers to moderate content on Facebook, Instagram and Threads.

Rickard’s review contains 67 recommendations in total. If implemented, they would go a long way to making Australians safer from abusive content, cyberbullying and other potential harms encountered online. They would also align Australia to international jurisdictions and address many of the same problems targeted by the social media ban for young people.

However, the recommendations contain serious omissions. And with a federal election looming, the review is not likely to be acted upon until the next term of government.

Addressing online harms at the source

The review recommends imposing a “digital duty of care” on large social media companies.

The federal government has already committed to doing this. However, legislation to implement a digital duty of care has been on hold since November, with discussions overshadowed by the government’s social media ban for under 16s.

The digital duty of care would put the onus on tech companies to proactively address a range of specific harms on their platforms, such as child sexual exploitation and attacks based on gender, race or religion.

It would also provide several protections for Australians, including “easily accessible, simple and user-friendly” pathways to complain about harmful content. And it would position Australia alongside the United Kingdom and the European Union, which already have similar laws in place.

Online service providers would face civil penalties of 5% of global annual turnover or A$50 million (whichever is greater) for non-compliance with the duty of care.

Two new classes of harm – and expanded powers for the regulator

The recommendations also call for a decoupling of the Online Safety Act from the National Classification Scheme. That latter scheme legislates the classification of publications, films and computer games, providing ratings to guide consumers to make informed choices for selecting age-appropriate content.

This shift would create two new classes of harm: content that is “illegal and seriously harmful” and “legal but may be harmful”. This includes material dealing with “harmful practices” such as eating disorders and self-harm.

The review’s recommendations also include provisions for technology companies to undergo annual “risk assessments” and publish an annual “transparency report”.

The review also recommends adults experiencing cyber abuse, and children who are cyberbullied online, should wait only 24 hours following a complaint before the eSafety Commission orders a social media platform to remove the content in question. This is down from 48 hours.

It also recommends lowering the threshold for identifying “menacing, harassing, or seriously offensive” material to that which “an ordinary reasonable person” would conclude is likely to have an effect.

The review also calls for a new governance model for the eSafety Commission. This new model would empower the eSafety Commissioner to create and enforce “mandatory rules” (or codes) for duty of care compliance, including addressing online harms.

Woman with blond hair wearing a pink blazer, sitting at a table with her hands crossed.
The recommendations would give more power to the eSafety Commissioner, Julie Inman Grant. Mick Tsikas/AAP

The need to tackle misinformation and disinformation

The recommendations are a step towards making the online world safer for everybody. Importantly, they would achieve this without the problems associated with the government’s social media ban for young people – including that it could violate children’s human rights.

Missing from the recommendations, however, is any mention of potential harms from online misinformation and disinformation.

Given the speed of online information sharing, and the potential for artificial intelligence (AI) tools to enable online harms, such as deepfake pornography, this is a crucial omission.

From vaccine safety to election campaigns, experts have raised ongoing concerns about the need to combat misinformation.

A 2024 report by the International Panel on the Information Environment found experts, globally, are most worried about “threats to the information environment posed by the owners of social media platforms”.

In January 2025, the Canadian Medical Association released a report showing people are increasingly seeking advice from “problematic sources”. At the same time technology companies are “blocking trusted news” and “profiting” from “pushing misinformation” on their platforms.

In Australia, the government’s proposed misinformation bill was scrapped in November last year due to concerns over potential censorship. But this has left people vulnerable to false information shared online in the lead-up to the federal election this year. As the Australian Institute of International Affairs said last month:

misinformation has increasingly permeated the public discourse and digital media in Australia.

Two people standing in front of the Meta logo which features a blue figure eight on its side.
Tech giant Meta recently announced it will stop using independent fact checkers to moderate content on Facebook, Instagram and Threads. Jeff Chiu/AP

An ongoing need for education and support

The recommendations also fail to provide guidance on further educational supports for navigating online spaces safely in the review.

The eSafety Commission currently provides many tools and resources for young people, parents, educators, and other Australians to support online safety. But it’s unclear if the change to a governance model for the commission to enact duty of care provisions would change this educational and support role.

The recommendations do highlight the need for “simple messaging” for people experiencing harm online to make complaints. But there is an ongoing need for educational strategies for people of all ages to prevent harm from occurring.

The Albanese government says it will respond to the review in due course. With a federal election only months away, it seems unlikely the recommendations will be acted on this term.

Whichever government is elected, it should prioritise guidance on educational supports and misinformation, along with adopting the review’s recommendations. Together, this would go a long way to keeping everyone safe online.

Authors: Lisa M. Given, Professor of Information Sciences & Director, Social Change Enabling Impact Platform, RMIT University

Read more https://theconversation.com/do-big-tech-companies-have-a-duty-of-care-for-users-a-new-report-says-they-do-but-leaves-out-key-details-248995

Understanding the Different Types of Car Services: Minor vs Major

When it comes to car maintenance, one of the most important things every vehicle owner should understand is the difference between a minor and a maj...

How Superannuation and TPD Insurance Work Together

Superannuation is an essential part of financial planning in Australia. It is designed to provide individuals with income during retirement, helping...

Tiny Towns funding granted for Mt Hotham and Mt Buller upgrades

Alpine Resorts Victoria (ARV) has welcomed funding support from the Victorian Government’s  Tiny Towns Fund, with both Mt Hotham and Mt Buller se...

Locksmith Services: Why Professional Security Solutions Matter More Than Ever

Security is a critical concern for homeowners, businesses, and vehicle owners alike. Whether it involves protecting a property, replacing damaged lo...

Why Tooth Fillings Are Important For Protecting Damaged Teeth

Cavities and minor tooth damage are common dental problems that can worsen if left untreated. Professional tooth fillings help restore damaged teeth, ...

The Connection Between Visibility and Driver Confidence

Operating a vehicle safely requires an immediate, uncompromised stream of visual information from the surrounding road environment. A driver's decis...

Important Things To Know Before Starting An SMSF Setup

Planning for retirement requires careful financial decisions, and many Australians are now looking for more direct control over how their superannua...

Why Retail Cleaning Plays a Key Role in Customer Experience and Business Success

Professional retail cleaning services are an essential part of maintaining a welcoming, safe, and professional environment for customers and staff...

Simple Ways to Make a Commercial Property More Appealing to Buyers

Selling or leasing a commercial property isn’t just about listing the square metres, taking a few photos and waiting for the right person to appea...

What Café Owners Should Know Before Upgrading Their Display Setup

A café display fridge does a lot more than keep cakes cold and sandwiches fresh. It quietly shapes the way customers browse, the way staff move beh...

Creating a Backyard That Feels Comfortable All Year Round

A great backyard doesn’t need to be huge, expensive or perfectly styled. Most of the time, the spaces people actually use are the ones that feel e...

How Homeowners Can Make Smarter Energy Decisions Before Upgrading

Energy upgrades used to feel like something you only looked into after a power bill gave you a nasty surprise. These days, though, more homeowners a...

Why Retail CX Breaks During Peak Sales Events and How to Prevent It

Retail customer experience has become one of the most important drivers of revenue growth, especially during high-intensity sales periods. However, ev...

15 South Indian Dishes Everyone Should Try

If your only experience of "Indian food" is butter chicken and garlic naan, South Indian cuisine is going to feel like discovering an entirely new c...

What Every Homeowner Should Know About Roof and Drainage Maintenance

A home's roof and drainage system work together every day to protect the property from water damage. While many homeowners focus on visible areas such...

From Plans to Priced Quote: The Estimating Workflow Most Builders Skip

For a small one-off job, an experienced builder can size up the materials in their head. The problem is that most jobs are not small one-off jobs, and...

Organisational Experts Share Their Tips for Achieving a Clutter-Free Kitchen

They say the kitchen is the heart of a house which means a clutter-free kitchen not only makes your home in general look nicer, it also makes cookin...

10 Creative Ways AI Image Extenders Are Transforming Digital Content Creation in 2026

Introduction Artificial intelligence continues to reshape the digital landscape, and one of the most exciting innovations in 2026 is the rise of AI i...