Stock Markets November 10, 2026 01:56 AM

Australia’s Internet Watchdog Rejects Tech Giants’ Free Speech Chill Warning

eSafety commissioner says platform business models push for maximum engagement, not over-censorship, as lawmakers debate Digital Duty of Care

By Ajmal Hussain
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Australia’s proposed Digital Duty of Care law would require internet firms to proactively identify and block potential user harms or face penalties up to A$109 million. The country’s eSafety regulator rejected industry warnings that the measure would prompt widespread platform censorship, arguing that current commercial incentives favour showing as much material as possible. The bill has passed the lower house and must secure crossbench backing to pass the Senate.

Australia’s Internet Watchdog Rejects Tech Giants’ Free Speech Chill Warning
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Key Points

  • The Digital Duty of Care would require internet companies to proactively check for and prevent user harms or face fines up to A$109 million, affecting major internet platforms and their content moderation practices.
  • The bill has passed the House of Representatives but needs crossbench support to clear the Senate and become law, creating political uncertainty about its passage.
  • eSafety Commissioner Julie Inman Grant told a Senate inquiry she has not seen evidence of platforms over-censoring and suggested business models currently favour showing as much material as possible, which has implications for social media and advertising-driven digital businesses.

SYDNEY, Nov 10 - Australia’s internet safety regulator on Tuesday pushed back against warnings from major technology companies that a proposed online safety law would drive platforms to over-censor content out of fear of liability.

The government’s Digital Duty of Care proposal would obligate internet companies to take proactive steps to identify and prevent potential harms by users, with non-compliance exposing firms to fines of up to A$109 million ($75 million). Advocates for broader regulation argue a comprehensive legal framework is needed to build an effective safety regime; critics and free speech campaigners say the measure gives regulators too much latitude in defining harmful content.

While the bill has cleared the House of Representatives, it still requires support from crossbench senators to pass the Senate and become law.

On industry concerns and platform behaviour

When questioned during a Senate inquiry about the risk the legislation could chill free expression, eSafety Commissioner Julie Inman Grant said she had not observed evidence of platforms systematically over-removing material.

"I haven’t seen any indication, particularly over the past two years, that companies are over-censoring," Inman Grant told the committee.

She argued instead that prevailing business models push platforms to maximize the amount of content shown to users, even if that material can be harmful or hurtful to the Australian community.

A point of contention raised at the hearings involved a clause that would require age verification where there is a risk children could access pornography. A senior Google executive in Australia testified that the provision could, in some interpretations, force the company to block under-18s from accessing its Gmail service. Representatives from Meta, TikTok and Snap expressed similar concerns, warning that the law could hand regulators broad discretion to decide what content constitutes harm.

Ambiguity and enforcement

Inman Grant acknowledged that parts of the bill might read as vague and suggested lawmakers could tighten the wording to reduce enforcement uncertainty.

"If there is opportunity, and we can get some more specificity, this will help us from an enforcement perspective," she said.

She also attributed most instances of excessive content removal to the operation of automated moderation systems without adequate human oversight, rather than to regulatory pressure.

The government has indicated a desire to have the legislation enacted by the end of the year.

($1 = 1.4447 Australian dollars)

Risks

  • Ambiguity in the legislation could create enforcement uncertainty for internet platforms, potentially impacting compliance costs and moderation processes in the tech sector.
  • Industry warnings that regulators may gain broad discretion to define harmful content could raise regulatory and legal risk for major social media and messaging services.
  • Requirements such as age checks for potential exposure to pornography could have operational implications for platform access controls and user authentication systems.

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