Digital Duty of Care Exposure Bill
The Commission's submission provides support for a Digital Duty of Care, but finds that greater protection for human rights should be built into the Bill.
Submission summary
- Submitted date: 23 September 2026
- Subject: Technology and data
- Department / Committee: Department of Communications
The Commission's submission provides support for a Digital Duty of Care, but finds that greater protection for human rights should be built into the Bill.
Download the submission
Want to know how the Digital Duty of Care could be improved? The Commission's submission shows how human rights can be better integrated into the Bill.Digital Duty of Care Exposure Bill
Our submission
Digital Duty of Care Exposure Draft
Download our submission
Summary
The Australian Human Rights Commission welcomes the proposed digital duty of care for online services. The proposal would require providers of online platforms and services to take reasonable steps to identify, assess and reduce online harms.
The Commission supports a stronger focus on preventing harm before it occurs. We consider a digital duty of care can help protect important human rights.
At the same time, any new regulatory framework should protect other rights, including freedom of expression and privacy. Rules that are too broad may unintentionally restrict people's ability to access information and participate online.
Key improvements
The Commission identifies 3 areas where the Bill could be improved:
- Make the definitions of harm clearer and more certain.
- Narrow the Minister's power to make important rules through delegated legislation.
- Strengthen the risk assessment framework by incorporating human rights considerations.
Read the submission in full to learn more.