Australia will impose a ‘digital duty of care’ on tech companies. A good idea – if it can be enforced
Duty of care is a legal obligation to ensure the safety of others. It isn’t limited to just not doing harm; it also means taking reasonable steps to prevent harm. This assessment must consider what Ms Rowland called “enduring categories of harm”, which will also be legislated. Ms Rowland said these categories could include:This approach was recommended by the recent review of the Online Safety Act. It is something that is already in effect elsewhere around the world, including in the UK as part of the Online Safety Act and under the European Union’s Digital Services Act.
The EU act sets out that if tech companies breach their duty of care to consumers, they can face fines of up to 6 per cent of their worldwide annual turnover. A digital duty of care also has the potential to address the problem of misinformation and disinformation. Exactly what these penalty arrangements will be is yet to be announced. So too is the method by which people could submit complaints to the regulator about harmful content they have seen online and want to be taken down.
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