An Exposure Draft of a proposed Digital Duty of Care (DDoC) was tabled for further consultation in the Federal Parliament by the Minister for Communications, Anika Wells, on 8 September 2026.
The proposed DDoC would give users the choice to opt out of algorithmically curated online feeds.
The Federal Opposition has raised concerns about the potential for online censorship and the rulemaking powers that would be vested in the Minister under the Exposure Draft DDoC, particularly in defining online harm. The Greens, meanwhile, have expressed a preference that users have the choice to opt in to information generated by algorithmic feeds.
Speaking on the ABC Insiders programme on 13 September 2026 Anika Wells said that she was open to discussing amendments to the proposed DDoC including the powers vested in the Minister for Communications, provided any changes allowed the Minister to ‘act with urgency’ to address serious harms. Notably, the Minister confirmed that tackling misinformation and disinformation online are separate issues to the DDoC.
These developments come amid growing worldwide concern about the potential risks associated with the rapid development of artificial intelligence (AI), including warnings about the possibility of AI posing existential risks to humanity.
DDoC legislation will sit within the Online Safety Act 2021.
Prepared by Grame Dunne, Eros General Manager 15 Sep 2026
