Online Safety (User Empowerment Tools) Determination 2026 (Exposure Draft)
Submission Date: 5 November 2026
The Law Council of Australia provided feedback to the Department of Infrastructure, Transport, Regional Development, Communications, Sport and the Arts (the Department) on the exposure draft of the Online Safety (User Empowerment Tools) Determination 2026 (the draft Determination). In preparing this letter, the Law Council acknowledges feedback provided by the Law Society of New South Wales and the Law Institute of Victoria.
The draft Determination intends to give effect to the Australian Government’s “My Feed, My Way” initiative by requiring online platforms to let users select their preferred feed, and requiring that one option for a preferred feed must be one made up of only other accounts which the user follows.1
Proposed section 27A of Schedule 2 of the Online Safety Amendment (Digital Duty of Care) Bill 2026 (the Bill) provides the Minister with the requisite power to compel an online service to provide users with a specified “user empowerment tool”, under which this Determination is proposed to be made. The Law Council considers the draft Determination to be broadly consistent with the power provided for in proposed subsection 27A(1) of the Bill, subject to the matters raised below. The Law Council takes the opportunity to highlight several matters for the Department’s further consideration.
1 Online Safety (User Empowerment Tools) Determination 2026 (Exposure Draft) s 6 ("Online Safety Determination").
Last Updated on 05/11/2026
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