Report from The Guardian
In Brief – Digital “Duty of Care” legislation moving through Australia’s parliament would ban AI chatbots from creating “emotional intimacy” with users under 18, with PM Anthony Albanese warning about children treating AI agents as their “best friend.” The bill, which has passed the House of Representatives, imposes new online safety standards on social media, games, apps and chatbots, establishing an overarching duty on platforms to provide a safe online environment, including protecting users from harmful content and giving users the right to opt out of algorithmic recommendations. The section detailing harmful content for minors was amended to prohibit AI from simulating emotional intimacy and encouraging dependence on chatbots instead of human relationships. Bill opponents include the conservative Coalition and One Nation, who argue it threatens to lead to online censorship. The Greens have indicated that they are open to backing the measure in the Senate, although they want to give consumers a private right of action to collectively sue the platforms.
Context – Australia has been at the forefront of digital regulation for years, most recently with their 16-year-old age limit for social media. Data on the early results point to impacts being limited, with significant user circumvention. Currently, gaming platforms are not covered by the age limit regime, but the eSafety Commissioner is pushing game platforms like Roblox to better enforce the country’s Online Safety Act, and game platforms are part of the duty of care law. Opposition critics are focusing their criticism on censorship, claiming the bill gives the government and eSafety Commissioner new powers to determine what constitutes “serious harm” online, and reminding people of the government’s aborted 2024 effort to require social media platforms to combat disinformation and misinformation. The Trump Administration opposes the duty of care proposal for similar reasons, paralleling their concerns with the EU Digital Services Act and the UK Online Safety Act.