The Greens are set to challenge Labor on its proposed digital duty of care legislation, advocating for significant changes to hold big tech accountable. As Labor readies to present the legislation in parliament this week, the Greens are pushing for individuals to have the right to sue platforms and seek financial compensation.
In a strategic move, the Greens are leveraging their position to demand that fines imposed by the eSafety commissioner be calculated as a percentage of a corporation's global revenue, rather than as fixed amounts. This stance comes as the Coalition opposes the duty of care plan, giving the Greens a crucial role in negotiations.
Sarah Hanson-Young, the Greens' communications spokesperson, emphasized the need for the laws to address the addictive nature of online platforms. She stated that for the legislation to truly impact big tech's behavior, Australians harmed online must be able to take legal action and seek damages. Hanson-Young argued that enforcement should not rest solely with the eSafety commissioner, but should empower individuals and communities to challenge tech giants directly.
This negotiation marks the first major test for the new Greens leader, David Shoebridge, who has signaled a more assertive approach than his predecessor. Shoebridge is also expected to introduce a bill targeting the importation of “pervert glasses” and similar wearable technologies this week.
Labor, meanwhile, is keen to advance its remaining budget bills, including changes to the tax treatment of trusts. Last month, the government announced plans to legislate the duty of care, proposing fines exceeding A$100 million for platforms failing to protect users from harm. The legislation targets a range of online harms, including pornography, eating disorder content, misogynistic material, and content glorifying crime or dangerous stunts.
The eSafety commissioner will have the authority to issue removal notices to companies, requiring them to document their measures to combat online harms. Additionally, users over 16 will gain new tools to disable algorithm-driven content.
Hanson-Young has criticized the proposed fines as insufficient to deter tech giants. She insists that fines must be tied to a percentage of global revenue to compel companies to ensure user safety proactively. “The threat of serious fines and compensation is the only way to force these companies to clean up their act, ” she said.
Anika Wells, the communications minister, is scheduled to address the National Press Club on Thursday. She has expressed a commitment to working with the Greens and other parties to establish basic safety standards. “We want these platforms to embed safety by design, ” Wells stated, noting that some platforms have had over 15 years to self-regulate without success, necessitating legislative action.
However, the proposed duty of care laws have faced criticism from the opposition. Sarah Henderson, the shadow communications spokesperson, warned that the legislation could infringe on free speech. Speaking at the Conservative Political Action Conference, she highlighted the importance of protecting the freedom to question authority and challenge government actions.
