Australian Government Proposes Digital Duty of Care Law to Regulate Social Media Algorithms

Social media companies would be required to give users a choice to turn off their algorithm through pop-up messages, under draft laws to be unveiled by the government later this week.

An exposure draft of the long-awaited Digital Duty of Care will be released as Labor steps up efforts to tackle online harm.

The ABC understands the proposed law would place the onus on social media companies to identify and mitigate risks on their platforms and prevent the sharing of harmful content.

That includes illegal content, including illegal pornography, being made available to adults.

For under-18s, about half a dozen additional areas of "psycho-social harm" would be identified, including content about body image and bullying.

The companies would face hefty fines of more than $100 million for breaches of the law.

As for algorithms, regular pop-up messages would be required, asking if users want to stick with the algorithm or only see what people they are following are posting. The user would have the choice.

Algorithms prioritise content for based on information such as a user's consumption habits, demographic and location data.

They have been criticised for amplifying sensationalist content, reinforcing echo chambers and playing a role in radicalising young people in the interests of keeping people on platforms for longer.

The eSafety commissioner and registered independent researchers would be empowered to police the social media platforms by using so-called "sock puppets", posing as children to monitor what is being fed to young people online.

Mixed signals on algorithms across parliament

The federal opposition has sent mixed signals about tackling algorithms.

Shadow Communications Minister Sarah Henderson has previously referred to the "insidious psychological manipulation" of children through "dreadful algorithms".

Shadow Treasurer Tim Wilson, by contrast, says algorithms merely "reflect back to people often the content they want to see". He has raised concerns about censoring people's opinions.

Opposition Leader Angus Taylor said the Coalition had not seen the government's proposal.

"What we want to see is parents having more control over what their kids get to see on social media, we will wait and see this legislation," Mr Taylor told News24.

"I am deeply sceptical. I fear that this is going to be an attempt by the government to censor social media, but as I say we haven't seen it. Let's see what the government comes forward with."

The Greens, meanwhile, have called for a much tougher approach, including a requirement for social media users to "opt-in" for an algorithmic feed.

Greens senator Sarah Hanson-Young has proposed her own bill, which she says would "give Australians a straightforward choice about whether they use algorithmically curated feeds, rather than leaving people at the mercy of systems designed to keep them scrolling and consuming toxic content".