
Prime Minister Anthony Albanese stood before reporters in Canberra on Tuesday and delivered a message that cut through years of complaints about addictive feeds and harmful content. This is not about giving government control, he said. It is about giving people control.
The Albanese government released draft legislation for a Digital Duty of Care on September 8, 2026. At its center sits an Australian first called “My Feed, My Way.” Social media platforms must notify new and existing users over 16 and offer a clear choice for their default feed. They can opt in to personalized algorithmic recommendations. Or they can opt out and see only posts from friends and creators they deliberately follow.
The proposal builds directly on Australia’s world-leading ban on social media for those under 16, which took effect late last year. That measure led to more than five million accounts being deactivated or removed within a month, though enforcement challenges remain. Now the government wants to extend its reach. Digital services including online games, apps, AI chatbots and search engines would face new obligations to protect users, especially minors, from addictive design features and specific categories of harmful material.
Penalties for noncompliance could hit A$109.2 million. The independent eSafety Commissioner gains expanded powers to enforce the rules, issue content removal notices and demand that platforms document their risk management efforts. Platforms must conduct annual risk assessments, address foreseeable harms and prove those measures stay effective over time. Failure brings real financial pain.
And the timing matters. Albanese plans to highlight the initiative at the United Nations General Assembly later this month. Communications Minister Anika Wells described the package as the start of a global reckoning for big tech. The approach, she said, puts the onus on companies to create safer environments rather than leaving users to fend for themselves against opaque recommendation systems.
Users who choose the non-algorithmic feed won’t have their experience dictated by past behavior or inferred interests. The pop-up notification makes the choice explicit and repeatable. Wells noted that many people will still select the algorithmic option. That remains their decision. The law simply ensures the choice exists and persists.
Critics have already begun to weigh in. Some free speech advocates worry the broad definitions of harm and the regulator’s discretion could slide toward overreach or censorship. Opposition figures called parts of the draft an absolute threat to free speech, arguing Parliament should set harm categories rather than leave them to ministerial rules. Others point to a deeper flaw. Consent campaigner Chanel Contos has spent months warning that algorithms often hook users on problematic content long before any opt-out appears. A test profile for a teenage boy encountered misogynistic material on TikTok in minutes, according to reporting in The Sydney Morning Herald. Opting out later may not undo the initial damage.
Yet the government insists the measure restores agency. “We have an opportunity to shape technology for the better, rather than let it shape us,” Albanese told reporters. The draft requires platforms to disable algorithmic recommendations and certain addictive features for users under 16. It targets content promoting eating disorders, misogyny, pornography, crime glorification, self-harm and material that causes serious mental health distress.
The policy arrives amid growing international pressure on technology giants. The European Union has imposed its own algorithmic transparency requirements. Australia’s version stands out for its explicit user choice mechanism and heavy penalties. It also expands eSafety’s authority to tackle “nudify” apps that generate non-consensual intimate images and to demand swift removal of illegal or harmful material.
Industry reaction remains guarded so far. The consultation period seeks input from digital platforms, industry bodies, civil society groups and advocates. Legislation is slated for introduction to Parliament before the end of 2026. A public inquiry and negotiations seem certain. Tech companies have long argued that prescriptive design mandates could stifle innovation and raise compliance costs that ultimately hit users.
But parents and safety campaigners have driven much of the momentum. Emma Mason, whose 15-year-old daughter Tilly Rosewarne died by suicide in 2022 after online bullying, joined Albanese at the announcement. Her presence underscored the human stakes. For years platforms have run what Wells called real-time, unregulated product testing on Australians. The draft laws aim to end that experiment.
Implementation details will matter enormously. How exactly must the notification appear? How easy should switching back and forth be? What counts as genuine and enduring choice? The government has left some of these questions open for feedback. Yet the core principle is set. Default feeds should not automatically optimize for engagement at the expense of user well-being.
Supporters see this as pragmatic reform. Albanese called it sensible, pragmatic and practical. It does not ban algorithms. It does not dictate content. It simply forces companies to let users decide whether they want the machine curating their experience or prefer to follow their own network.
Skeptics counter that the algorithm has already won by the time the choice appears. Decades of behavioral data shape what users see first. Even a chronological feed of followed accounts may still reflect prior algorithmic influence on who those users chose to follow. The Sydney Morning Herald analysis highlighted this limitation. A boy saturated in manosphere content who then opts out will still confront a feed full of those same accounts.
The government acknowledges the concern but maintains that giving adults ongoing control represents progress. For minors the rules go further, with mandatory protections built into product design from the start. Platforms must proactively prevent exposure rather than respond after complaints.
This marks a significant shift in regulatory philosophy. Previous Australian efforts, including the 2021 News Media Bargaining Code, focused on economic power between platforms and publishers. The Digital Duty of Care targets the heart of the user experience itself. It treats social media not merely as a communications tool but as a product with design features that carry measurable behavioral risks.
Whether the approach succeeds depends on enforcement and adaptation. The eSafety Commissioner will need resources and technical expertise to audit complex recommendation systems. Platforms may design compliance in minimal ways that satisfy the letter but not the spirit of the law. Users themselves may grow weary of repeated pop-ups or simply accept the algorithmic default out of convenience.
Still, the move positions Australia as an aggressive regulator willing to impose design mandates where others have relied on transparency or self-regulation. The draft legislation reflects lessons from the under-16 ban. Pure age restrictions proved difficult to enforce without broader changes to platform architecture. Giving users tools to control their feeds attempts to address the problem at the level of daily interaction.
Albanese will carry this message to New York. Other nations watch closely. If the model withstands legal challenges and industry pushback, it could influence similar efforts in Europe, the United Kingdom and beyond. For now the consultation begins. Feedback will shape the final bill. But the direction is clear. Australian users may soon gain a real off switch for the algorithms that have quietly shaped their online worlds for more than a decade.
The government’s original announcement appears at the Prime Minister’s website. Reuters provided early reporting on the user-choice rules and penalties in its September 8 article. The Guardian detailed the global reckoning framing and eSafety’s expanded role. Additional context on potential flaws in the opt-out model came from The Sydney Morning Herald’s same-day coverage. The Financial Times examined the legislation’s place in Australia’s broader effort to rein in Big Tech. These accounts, published within hours of the announcement, capture the immediate reactions and technical specifics that will define the debate in coming months.
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