AU Digital Duty of Care Bill
Online Safety Amendment (Digital Duty of Care) Bill 2026
Government bill amending the Online Safety Act 2021 to impose a digital duty of care on online service providers, including online games, apps and AI chatbots, requiring them to protect under-18s from design features with negative behavioural impacts and from listed categories of harmful content, and to document and maintain measures against identified risks. Social media platforms would have to offer users a choice of a non-personalised default feed ("My Feed, My Way").
Jurisdiction
Australia
Enacted
Pending
Effective
TBD
Enforcement
eSafety Commissioner
Government bill introduced in the House of Representatives and read a first time on October 15, 2026; second reading moved the same day (Parliament of Australia bill r7553, 48th Parliament, portfolio of Infrastructure, Transport, Regional Development, Communications, Sport and the Arts). Referred on October 15, 2026 to the Senate Environment and Communications Legislation Committee, report due November 20, 2026. Status on the Parliament record: Before Reps. An exposure draft had been released for targeted consultation on September 8, 2026.
Parliament of Australia: Online Safety Amendment (Digital Duty of Care) Bill 2026 (r7553)Why It Matters
Would move Australia's online safety framework from content removal and industry codes toward a systemic duty of care, and would name AI chatbots alongside games and apps as services that must protect under-18s from harmful design features and content.
Recent Developments
Introduced in the House of Representatives on October 15, 2026 by Communications Minister Anika Wells and referred the same day to the Senate Environment and Communications Legislation Committee (report due November 20, 2026). Press reports of the introduction state that the introduced bill drops the exposure draft's power for the Minister to add categories of harmful content (new harms would require an amendment by Parliament) and does not include a private right of action. The Government needs Senate support to pass the bill. Section-level text (the bill and explanatory memorandum on parlinfo.aph.gov.au) returned HTTP 403 to the checking host on October 18, 2026, so scope, penalty and commencement provisions are still recorded from the September 8, 2026 announcement.
At a Glance
Applies to
Harms addressed
Requires
Who Must Comply
- Digital service providers regulated under the Online Safety Act 2021, including social media, online games, apps, messaging platforms and AI chatbots
Obligations fall on:
Applicability thresholds:
Safety Provisions
- Digital services including online games, apps and AI chatbots must protect under-18s from design features with negative behavioural impacts, such as addictive features or features affecting self-esteem
- Under-18s must be protected from content that promotes, encourages or accelerates eating disorders, promotes hostile ideas about women and gender equality, pornography, content glorifying crime or life-endangering stunts, and content causing serious mental health distress including abuse and bullying
- Platforms must document measures taken to address identified risks of harm to Australian users and keep those measures effective over time
- Social media platforms must notify new and existing users of a choice between an algorithmically personalised default feed and a feed limited to followed friends and creators
- eSafety Commissioner gains power to issue removal notices for nudify apps and websites; child cyber-bullying and adult cyber-abuse schemes streamlined
Compliance & Enforcement
Penalties
A$109.2M
View on map
Australia
Focus Areas
Cite This
APA
Australia. (n.d.). Online Safety Amendment (Digital Duty of Care) Bill 2026.
Related Regulations
AU Online Safety Act
Grants eSafety Commissioner powers to issue removal notices with 24-hour compliance. Basic Online Safety Expectations (BOSE) formalize baseline safety governance requirements.
AU OSA Phase 2 Codes
Phase 2 industry codes under Australia's Online Safety Act extending age-restricted material obligations to AI companion chatbots, generative AI services, search engines, app stores, and gaming platforms. Requires robust age assurance, prohibits AI-generated sexually explicit conversations with minors, and mandates suicide/self-harm content safeguards.
Singapore OSRA
Creates a dedicated Online Safety Commission (OSC) with powers to order takedowns and disable access, establishes statutory torts providing victims of online harms with direct civil remedies against platforms and perpetrators.
MX Safe Digital Environments Decree
Mexican presidential decree, binding nationwide, that prohibits digital platforms from giving children and adolescents access to, exposure to or recommendations of seven listed content categories, including suicide, self-harm and eating disorders, and requires age assurance beyond self-declaration, parental supervision tools, strictest-by-default settings for new accounts, periodic risk assessments and a 24/7 law-enforcement contact point.
NZ Online Safety Bill
Would bar under-16s from holding accounts on age-restricted platforms, require age assurance beyond self-declared dates of birth, and require operators to conduct and report on child safety risk assessments for users under 18. Expressly brings AI companion platforms within scope.
China Minor Content Classification Measures
Establishes a four-category classification framework for online content that may harm minors' physical and mental health. Prohibits platforms from displaying classified harmful content in prominent positions (homepage, pop-ups, trending, recommendations). Requires preventive measures against content risks from algorithmic recommendations and generative AI.
Last updated October 18, 2026. Verify against primary sources before relying on this information.