A “global reckoning” is coming for big tech as Anthony Albanese announces the government’s long-awaited digital duty of care.
Addressing the media in announcing the draft legislation on Tuesday, the Prime Minister said his government was acting on algorithms with its “my feed, by way” initiative.
The long-awaited digital duty of care laws aims to give users more control over the algorithms – the systems that shape what people see online.
That often translates into emotionally and politically charged content on social media designed to keep people scrolling for longer, which radicalisation experts warn is driving people to extreme views.
“We’ll require social media platforms provide user empowerment tools that give people over the age of 16 genuine and enduring choice about what they see in their feeds,” Mr Albanese said.
Mr Albanese announced draft legislation for the long-awaited digital duty of care on Tuesday. Picture: NewsWire / Martin Ollman
“We have an opportunity to shape technology for the better rather than let it shape us. That is what our reforms are all about.”
Under the reforms, social media platforms will be required to send a notification to new and existing users offering them a “choice over their default feed”.
Social media users can choose to “opt in” to having their default feed include personalised content recommended by the algorithm, or they can “opt out” of personally recommended content and “see the friends and creators they choose to follow”.
“If people want to doom scroll … that’s up to them,” Mr Albanese said.
“But if people want to have a change, then this will provide them with the opportunity.”
Mr Albanese denied the reforms were about giving the government control.
Communications Minister Anika Wells said tech companies ‘can still move fast, but they will no longer be able to break things’. Picture: NewsWire / Martin Ollman
“It’s about giving people control. It’s about putting choice back into the hands of Australians online through our digital duty of care,” Mr Albanese said.
The reforms will require platforms protect children from harmful content, including content promoting eating disorders and pornography.
It will also empower eSafety to issue removal notices for so-called nudify apps “and streamline the child cyber-bullying and adult cyber abuse schemes”.
Penalties will also be bolstered to $100m.
Communications Minister Anika Wells said tech companies “can still move fast, but they will no longer be able to break things”.
“There is a global reckoning coming for big tech,” she said.
“With our digital duty of care we are taking the next step forward by requiring tech companies take responsibility for the harms that their products, tools and features are causing.”
Pressed on whether the proposal was for either an opt-in or opt-out algorithm, Ms Wells said tech companies would need to allow users to choose their feed.
Teach Us Consent founder Chanel Contos said the reforms were ‘a great first step’. Picture: NewsWire / Martin Ollman
“What this will look like in real life as a user is that the platform will have to offer you the option: ‘What would you like your default primary feed to be? Would you like it to be the algorithm, or would you like it to be your following feed?” she said.
“So, the friends that you follow, the content creators that you choose to follow, you as a user will have to be offered that choice.
“Then, obviously, you’ll have the ability to make that choice over and over, as much as you want to change your mind through the platform.”
Mr Albanese was flanked by advocates of reform to social media, including Chanel Contos’ Teach Us Consent and proponents of the News Corp Australia’s Let Them Be Kids campaign.
“This is an example of change from the bottom up. My government listening and acting,” he said.
Teach Us Consent founder Chanel Contos said the reforms were “a great first step”.
“It shows the government has heard what Australians have been telling us for months. We demand and deserve control over what we see online,” she said.
“We’re looking forward to working closely with the government to ensure this commitment holds up in the drafting.”
Allegra Spender denied algorithm options were a freedom of speech issue. Picture: NewsWire / Martin Ollman
The Greens have indicated they would not give the government a “blank cheque”.
During a party room briefing, the minor party indicated it would be looking at the legislation “very carefully” to make sure it “actually does what it needs to do”.
The party could seek to have the Bill referred to a Senate inquiry, as was done with Labor’s legislation to bolster the under-16s social media ban.
One Nation MP Barnaby Joyce said he was nervous about the legislation in the minutes before it was announced, warning of “socialist censorship”.
“I know what they’re up to, this is censorship,” he told News24.
Mr Joyce linked the looming measures to One Nation’s win in the Secret Harbour by-election in Western Australia, which he said Labor believed was connected to “malfeasance in the social media process”.
“The thing about this socialist crowd is they lie,” he said.
“So, when they say things, you say, why would I believe that? You also said you weren’t going to change the capital gains tax.”
‘Conflated’
On Tuesday, Community First Australia MP Allegra Spender said attempts to give Australians more control over their social media feeds were being “conflated” with concerns about freedom of speech.
“What we’re trying to do and what I think we should do here is give people the choice about whether they see content that they already follow, like their friends and groups they already follow, or they see content which is driven by the algorithm,” she told News24.
“I can’t see how anyone can make an argument that you’re impinging people’s free speech or you’re censoring them by giving them more choice about the content they see.
“If you start with the sort of vanilla version, and then you get to choose to opt in, the social media companies will want to make the option attractive.
Communications Minister Anika Wells is expected to unveil draft legislation. Picture: NewsWire / Martin Ollman.
“But, they will still have to provide a decent opt-out option.”
Ms Spender said giving Australians more control over the algorithm was “not going to fix all issues, but it’s a starting point”.
Asked whether she was concerned that it would be up to the government of the day to determine what is shown on people’s feeds, Ms Spender said she was “very cautious” and would need to look at the legislation carefully.
She said it was important that Australian’s views were “not being silenced”.
“I think this is where we have to be pretty careful in relation to free speech … but, I will say, in my community, what we are seeing is extremist content that is driving extremist ideologies, including hate and really hard extremist hatred,” she said.
“Everyone is going on about free speech, (but) there is also a risk of extremist ideological content, including those directed at people like the Jewish community and other members of our community.”
Ms Spender previously opposed misinformation reforms, saying she thought it was “a very important and delicate line to walk”.
She said she would prefer an opt-in method, where users would have to choose the algorithm, rather than an opt-out solution.
Speaking later, independent MP Dai Le said it was up to individuals to assess information, but urged for an option to opt in or opt out of the algorithm.
Opposition frontbencher Tim Wilson says Labor is ‘actively seeking to censor’ Australians online. Picture: NewsWire / Martin Ollman
‘Seeking to censor’
However, the Coalition said the clampdown on algorithms would hurt free speech, with opposition frontbencher Tim Wilson on Tuesday decrying it as an attempt to “censor and silence Australians”.
“We continue to see attempts to censor Australians by the Albanese government,” Mr Wilson said, calling on Labor to put its proposal “on the table”.
“Australians need to see it because trust with this government is so low.”
It was put to him that members of his own party supported criminalising flag burning, which the likes of former Liberal prime minister John Howard has defended as political expression.
Mr Wilson said it was different.
“The problem we’ve got is the government is now actively seeking to censor and has been active in censoring, attempting to censor any view they don’t like,” he said.
Mr Wilson added that the country needed “laws that protect Australia’s national identity”.
The digital duty of care is also tipped to include mandatory risk assessments and demand companies prioritise child safety in design, threatening hefty fines worth tens of millions for firms that breach their obligations.
“I definitely want Australians to have more choice over their feeds than what they currently have and I want big tech to respect that choice,” Ms Wells said on Monday.
“And if they don’t respect that choice, I want big tech to suffer big fines.”
