Online Safety Amendment (Digital Duty of Care) Bill 2026
30 September 2026
On 23 September 2026, the Law Council provided a submission to the Department of Infrastructure, Transport, Regional Development, Communications, Sport and the Arts in response to its consultation on the exposure draft of the Online Safety Amendment (Digital Duty of Care) Bill 2026 (the draft Bill).
The most significant amendment proposed under draft Bill is the introduction of a ‘Digital Duty of Care’ (DDC), requiring persons responsible for an online service to ensure, so far as is reasonably practicable, a safe online environment. In addition to the DDC, the draft Bill would strengthen takedown and removal powers and establish a framework for researcher access to online-service data. Measures under the draft Bill are intended to modernise the existing framework, encourage a more proactive response to online harms and place greater regulatory responsibility on online service providers.
The Law Council acknowledged the serious effects of online harms, including to mental health and wellbeing, and provided in-principle support for the policy objectives and several measures in the draft Bill. However, the submission emphasises that the reforms must appropriately balance potentially competing rights and interests, including the freedom of expression, through a principled and proportionate framework. The submission further raised concerns about the broad drafting of key terms in the draft Bill, and the draft Bill’s reliance on delegated legislation and Ministerial discretion.
The Law Council also pointed to potential unintended consequences arising from the current drafting, including in relation to what constitutes “seriously harmful material and conduct” and “material and conduct harmful to children”, and included suggestions to improve the effectiveness, proportionality and clarity of the proposed risk assessment framework proposed by the draft Bill.
Last Updated on 30/09/2026