The federal government’s proposed Digital Duty of Care law has drawn a sharp exchange between big tech and the eSafety Commissioner at a Senate inquiry this week, Reuters reports via iTnews.
What the bill does
The legislation would require internet companies to proactively identify and stop potential harms to users, or face fines of up to $109 million. It would also let users opt out of algorithmically recommended content and see posts only from accounts they follow.
It has passed the House of Representatives but needs crossbench support in the Senate. The government wants it passed by the end of the year.
Google’s warning
On Monday, Rachel Lord, YouTube’s head of policy for Australia and New Zealand, told the hearing that a section requiring age checks where children risk seeing pornography could force Google to age-check and block access to “everyday communication services” such as messaging, email and private file storage. She said this could mean intrusive monitoring of private communications.
Meta, TikTok and Snap raised similar concerns, arguing broad regulator discretion could lead platforms to over-moderate to avoid penalties.
eSafety’s response
Later in the inquiry, eSafety Commissioner Julie Inman Grant said she had seen no sign companies were over-censoring. She argued platforms are driven to maximise engagement, and said most excessive removals come from automated moderation without human oversight rather than regulatory pressure.
She did say a narrower definition of harmful content would help enforcement, if senators think the wording is too vague.
What’s next
The Senate inquiry is continuing. Whether Gmail or similar services would actually be caught depends on how the final bill and any rules made under it are worded, which is not yet settled.
