Expert warns digital duty of care could restrict internet freedom and affect access to information
Australia’s proposed digital duty of care legislation could make the internet more restrictive and undermine freedom of speech, according to Andrew Bushnell, Director of the Law and Freedom Program at the Institute of Public Affairs.
Speaking to a parliamentary inquiry into the proposed laws, Bushnell argued that the legislation places an extensive obligation on almost every online service to maintain a safe environment.
This includes addressing harms defined by legislation, as well as a wider range of potential risks.
He warned that the framework gives ministers and regulators considerable discretion over how these obligations are interpreted and enforced, creating uncertainty for technology companies and internet users.
AI regulation raises similar concerns
Bushnell believes the government’s proposed approach to artificial intelligence regulation follows a similar model, relying on broad definitions of risk and harm that could be shaped through administrative decisions.
He raised concerns that the framework could give authorities access to proprietary AI models and research, potentially influencing how services operate without users understanding what has changed.
“End users aren’t going to actually even know what effect this law is having behind the scenes,” he said.
The proposed regulatory direction also prompted questions about the government’s commitment to productivity and innovation.
Bushnell argued that prioritising safety over economic growth risks undermining the benefits AI could deliver, describing the government’s productivity messaging as “window dressing”.
He also warned that established technology companies could benefit from tighter regulation if compliance costs make it harder for smaller competitors to enter the market.
This could entrench existing players while limiting competition and innovation.
With the government pursuing broader oversight of digital platforms and AI, the debate centres on whether proposed safeguards will protect Australians or create barriers to free expression, competition and technological progress.
