The Foundation applauds the announcement last night by the Minister for Communications, the Hon Michelle Rowland MP, that the Government will develop and legislate a Digital Duty of Care as a key outcome of the Online Safety Act 2021 review.
This important step places the onus on digital platforms to keep all people safe and better prevent online harms from the outset – which the Foundation has been calling for for some time.
A Digital Duty of Care framework would require digital platforms to take reasonable steps to prevent foreseeable harm, conduct risk assessments and adopt safety-by-design principles which will all create systems that are safer for their users, especially children and young people.
The Foundation will be advocating for the framework to hold the ‘best interests of the child’ as a primary consideration, prioritising children’s rights, not simply weighing these against other considerations.
Already, Australia’s Basic Online Safety Expectations (BOSE) determination includes an expectation that industry will treat the best interests of the child as a primary consideration. However, this principle has lacked consistent enforcement. The Foundation insists that this commitment be enforceable and measurable, with digital providers held accountable for their impact on children’s lives.
International examples, such as the UK Children’s Code, show how mandatory frameworks can protect the rights of young users. The Foundation supports the UN Committee on the Rights of the Child in calling for digital providers to conduct child rights impact assessments—clear, transparent evaluations that reveal their impact on children’s rights, demonstrate preventive actions, and commit to ongoing monitoring.
Similar assessments are already mandated in several European children’s privacy laws, and the UK’s Online Safety Act requires providers to address specific risks to children online like self-harm and eating disorder contents. The Foundation believes the creation of a Digital Duty of Care for digital providers in Australia is a powerful opportunity to learn from the experiences of these jurisdictions and craft a strong, effective framework.
We will actively participate in the upcoming consultation process and expect this to include voices from children, parents, carers, schools, and child-focused organisations. The time is now to build an online world where children’s rights and safety are paramount and unquestionable.
The Alannah & Madeline Foundation will continue to advocate for the right of all children and young people to be safe in all places where they live, learn and play – including in online spaces.
