The United States has raised formal concerns about Australia’s proposed digital duty of care laws, arguing that some measures could affect protected speech and the way American technology platforms operate.
A submission from the US government to Australia’s public consultation says giving Australian authorities powers to define “foreseeable harm” could create a risk of what it describes as viewpoint-based censorship. Washington has also asked Australia to exempt American platforms from parts of the proposed framework.
The intervention comes as the Australian government develops legislation intended to require major online services to take greater responsibility for foreseeable harms. The proposed rules would cover social media platforms, online games, apps and AI chatbots.
For users under 18, the government has identified proposed areas of harm including pornography, material promoting or encouraging eating disorders, misogynistic content, content that glorifies crime or dangerous stunts, and material that causes serious mental health distress, including abuse and bullying.
The proposed framework would also give Australians greater control over algorithmic feeds. Platforms would be required to provide users with a choice between personalised recommendations and a feed based on accounts they choose to follow. The Australian government says the measure is intended to give users more control over their online experience.
The US submission argues that mandatory changes to platform algorithms could have effects beyond Australia because major technology companies generally deploy product features globally. It says Australia-specific requirements could therefore influence how users in other countries experience online platforms.
The Australian government released an exposure draft of the Online Safety Amendment (Digital Duty of Care) Bill 2026 for consultation on 8 September. The consultation closed at midday on 22 September, according to the federal Department of Infrastructure, Transport, Regional Development, Communications, Sport and the Arts.
Communications Minister Anika Wells has described the reforms as giving Australians a choice over algorithmic feeds. Prime Minister Anthony Albanese has said the government will make decisions in Australia’s national interest.
The US intervention adds an international dimension to an Australian policy debate that involves online safety, platform regulation, user choice and freedom of expression.
Source: The Guardian
