Submission to the Senate inquiry into the Digital Duty of Care Bill

Submissions and reports · Berg, C. and Allen, D.W.E. (2026) · Submission to the Senate Environment and Communications Legislation Committee inquiry into the Online Safety Amendment (Digital Duty of Care) Bill 2026

With Darcy W.E. Allen.

Submission to the Senate Environment and Communications Legislation Committee inquiry into the Online Safety Amendment (Digital Duty of Care) Bill 2026.

Summary: The Digital Duty of Care Bill lets the Minister and the eSafety Commissioner decide which online services and design features are harmful, and what firms must build in response, without a new Act. These are major policy decisions that belong to Parliament. The first proposed instrument, ‘My Feed, My Way’, shows how loose the test of harm will be: it rests on contested claims that ranked feeds polarise users, and its remedy does not match even the government’s own evidence. The bill’s expansive and unpredictable reach also creates sovereign risk for technology in a country with a serious productivity problem.

Available in PDF here.

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