An article in The Conversation on 3 July 2026, written by Professor Kath Albury and Professor Christine Parker, addressed their question, If we force online platforms to control harmful content, where does that leave sex ed?
This also raises an important question for businesses operating online: if digital platforms face increasing legal obligations to remove harmful content, what happens to lawful content that algorithms mistakenly identify as risky?
The authors note that evidence-based sexual health information is already frequently “shadow banned” or removed because automated moderation systems struggle to distinguish between harmful material and legitimate educational or health content.
For Australia’s lawful adult products and services industries, the implications are of similar concern. As the Federal Government develops a Digital Duty of Care, online platforms may become increasingly risk-averse, choosing to restrict or remove lawful advertising, educational material, product information and commercial content simply to minimise regulatory exposure. While protecting Australians from genuinely harmful online content is an important objective, poorly designed obligations could encourage even more over-zealous censorship, reducing access to lawful products, services and information that adults are entitled to access.
The article suggests several measures to reduce these unintended consequences, including exempting government-funded health organisations from routine moderation and providing public health communicators with expedited pathways to appeal content moderation decisions. While these proposals focus on health information, they highlight the importance of ensuring moderation systems can distinguish between genuinely harmful content and lawful material that serves a legitimate public or commercial purpose.
The challenge for policymakers will be ensuring that a Digital Duty of Care targets genuine harm without creating incentives for platforms to over-moderate lawful expression. Clear safeguards, transparent moderation processes and effective avenues of appeal will be essential if Australia is to protect both online safety and the rights of lawful businesses and consumers.
