Digital Duty of Care Welcomed, Kids Should Shape Next Steps

Alannah & Madeline Foundation

The Alannah & Madeline Foundation has welcomed the Federal Government's introduction of the long-awaited Digital Duty of Care to Federal Parliament, calling for children and young people to be consulted as the new laws are implemented.

The draft laws would require online services to identify reasonably foreseeable risks and take preventative steps to address them. The legislation applies across a broad range of online services, including social media platforms, search engines, app stores, internet service providers and websites. It introduces stronger safeguards for children against harms such as grooming, exploitation, pornography, bullying, harassment and the promotion of disordered eating, while establishing significant penalties, for platforms that fail to meet their obligations.

Sarah Davies AM, CEO of the Alannah & Madeline Foundation, said the introduction of the Digital Duty of Care was a significant moment for children's safety online.

"This is a welcome step forward in the digital safety arena that the Alannah & Madeline Foundation has been calling for," Ms Davies said.

"For too long, the burden of staying safe online has fallen on children, parents and teachers, despite technology companies having enormous control over product design, algorithms, recommender systems and business models.

"It is neither fair nor realistic to expect children to recognise and manage sophisticated design features that are deliberately built to maximise attention and engagement. Nor should parents and carers have to shoulder that responsibility alone.

"For the first time, the law will place responsibility for online harm where it belongs - with the platforms that design and profit from these systems.

Ms Davies said public debate has focused heavily on harmful content and social media feeds, but the legislation represented an opportunity to address a much broader set of risks embedded within digital products and services.

"Importantly, this Digital Duty of Care reaches far beyond social media platforms. It applies across the digital ecosystem and acknowledges that children's online experiences are shaped by the design of products, services and technologies, not simply by the content they encounter.

"This is about far more than content. It's fundamentally about design.

"Children are exposed to risks through tracking and profiling for targeted advertising, unwanted contact with strangers, invasive data collection, weak privacy settings, geolocation features, spending prompts, scams, and the growing use of AI technologies. These are not accidents. They are deliberate design choices.

"Just as cars, toys, electrical products and food are expected to be safe before they reach consumers, digital products and services should meet the same standard. Safety must be built in from the start, not added as an afterthought."

"This legislation is an important first step, but it is just the beginning. Children and young people must have a genuine say in how it works in practice and that means consulting them from the beginning.

"They are the ones living with the consequences of these platforms every day, and their voices need to be built into implementing this legislation from the start.

"For thirty years, we have fought for the right of children and young people to be safe, so their future is strong. Getting the implementation of this Duty of Care right is a chance to make good on that promise for the next generation."

About us:

About the Alannah & Madeline Foundation The Alannah & Madeline Foundation was founded 29 years ago by Walter Mikac AM, and a small group of volunteers in memory of Walter's young daughters Alannah and Madeline, aged just six and three, who tragically lost their lives along with their mother and 32 others at Port Arthur in Tasmania on 28 April 1996. The Foundation was established with the belief that "all children and young people should be able to live a happy and safe life, free from violence and trauma." Our mission continues today through our Care, Prevention and Advocacy programs - we fight for their right to be safe, so their future is strong.  www.alannahandmadeline.org.au

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