Senate Environment and Communications Legislation Committee (part 2 of 2)

9 November 2026

00:00 - 01:06
Speaker 1
should have a reasonable steps standard included into the duty, as well as cost and privacy added as considerations for identifying how the duty of care is regarded to have been met.  I would just add that those three elements were included in one form or another in the exposure draft version of the legislation, of the bill, my apologies, and it's not clear why they have been removed. 

We would also recommend including freedom of expression also as a distinct category as a consideration.  Now, these elements, they're not about industry shirking the responsibilities that they should have to protect users from reasonably identifiable harms.  They're also not loopholes.  What they are is just adding elements and scaffolding to make sure that the duty of care is as workable and effective and risk-based as possible. 
01:06 - 01:56
Speaker 2
I think if I reflect on the work of the former coalition government in enacting the Online Safety Act, introducing the world's first eSafety Commissioner, we did that because the platforms were being demonstrably irresponsible in their care for Australians and particularly children. 

What has changed?  Because one of the reasons that we are in this mess that we're in now with this legislation before the parliament is there has been a history of platforms not taking online safety seriously enough.  So has the penny dropped that for the social media platforms they need to do everything to keep children in particular safe online? 

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