Expert warns Australian digital duty of care law could limit internet freedom

The balance of safety and freedom

Ultimately, the conversation surrounding Australia's digital duty of care law centers on a fundamental trade-off. The government is pursuing broader oversight of digital platforms and AI to create safer online spaces for its citizens. However, critics argue that these safeguards may create significant barriers to free expression and technological advancement.

The debate highlights the difficulty of creating rules that protect people from harm without also restricting the flow of information. If the laws are too broad, they may catch legitimate speech and innovation in their net. If they are too narrow, they may fail to address the risks that the government is trying to mitigate in the first place.

Moving forward, the focus will remain on whether these proposed measures will actually protect Australians or simply create a more restrictive internet. The outcome of these discussions will determine the future of digital rights, competition, and AI development in the country. Stakeholders will continue to watch how the government balances its commitment to safety with the needs of the tech industry.

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Broad obligations for online services

During a parliamentary inquiry into the proposed laws, Andrew Bushnell highlighted that the digital duty of care legislation would impose extensive requirements on nearly every online service provider. These companies would be tasked with maintaining a safe environment across their platforms, which represents a significant shift in how digital spaces are managed. The law seeks to move beyond simple moderation to a more comprehensive oversight of online interactions.

The scope of these obligations is particularly wide because it requires services to address specific harms defined by the legislation as well as a much broader range of potential risks. This means that companies cannot simply react to known issues; they must proactively manage a variety of uncertainties. This broad mandate gives regulators a powerful tool to shape how information is presented and accessed by the public.

Risks to AI and transparency

Bushnell noted that the government's approach to artificial intelligence regulation follows a very similar model to the digital duty of care laws. This strategy relies on broad definitions of what constitutes a risk or a harm, which can then be shaped through administrative decisions by the government. Because these definitions are flexible, they allow for significant discretion in how the rules are applied to new and evolving technologies like AI.

A major concern involves the potential for authorities to gain access to proprietary AI models and private research data. This level of access could allow the government to influence how these services operate internally without the public ever seeing the changes. Bushnell warned that end users are not going to actually even know what effect this law is having behind the scenes, suggesting a lack of transparency in how the technology is being steered.

Economic growth vs. safety

The proposed regulatory direction has also sparked a debate regarding the government's commitment to economic productivity and innovation. Bushnell argued that by prioritizing safety measures over economic growth, the government risks undermining the actual benefits that artificial intelligence could provide to the country. He suggested that the current messaging regarding productivity is merely window dressing that does not reflect the underlying regulatory impact.

Furthermore, there is a concern that these regulations could create a lopsided playing field for the tech industry. Established technology companies with large resources may find it easier to navigate the high costs of compliance, while smaller competitors might struggle to enter the market. This could lead to a situation where existing players become more entrenched, ultimately limiting the competition and innovation that smaller startups usually provide.