Social giants to be slapped with care code
Written by admin on November 13, 2024
Digital giants including Meta, Google and TikTok could soon be bound by a digital duty of care aimed at preventing the negative mental health impacts posed by social media.
The Albanese government will develop and legislate the new regulations, which will be modelled on similar provisions passed in the United Kingdom and European Union.
Under the proposed legislation, social media companies will be obligated to continually and proactively monitor their platforms for risks, and take reasonable steps to prevent foreseeable harms.
While the legislation has yet to be finalised, it could include provisions which will force platforms to identify and circumvent harms related to mental health, young people. problematic internet usage and algorithms.
Communications Minister Michelle Rowland made the announcement in a major address to The Sydney Institute on Wednesday night, stating the code would enforce platforms to pivot to preventing harm.
“A Duty of Care is a common law concept and statutory obligation that places a legal obligation to take reasonable steps to protect others from harm. It is a proven, workable and flexible model,” she said.
“This, as part of a growing global effort, will deliver a more systemic and preventive approach to making online services safer and healthier.
“Where platforms seriously and systemically breach their duty of care we will ensure the regulator can draw on strong penalty arrangements.”
Ms Rowland said while current laws contained in the Online Safety Act focused on removing illegal content on a case-by-case basis, the new laws incentivised companies to create “safer (and) healthier,” digital platforms.
“To my mind, what’s required is a shift away from reacting to harms by relying on content regulation alone, and moving towards systems-based prevention, accompanied by a broadening of our perspective of what online harms are,” she said.
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“The Albanese government is clear about where it stands – on the side of millions of concerned parents, children & citizens at large.”
Wednesday’s announcement follows the Albanese government’s announcement it will legislate 16 years of age as the minimum age for social media use, with the large-scale policy receiving bipartisan support to pass parliament in the final two sitting weeks of the year.
The proposed laws, which have been approved by all state and territory leaders, will force platforms to enforce the age limit, or risk significant penalties.
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