Former President Donald Trump has criticized the Australian government's proposed social media laws, warning against measures that could impose significant fines on major U.S. technology companies. The legislation, if enacted, could fine companies up to $100 million and mandate that social media platforms offer users the option to bypass algorithm-driven content in favor of a chronological feed of posts from people they follow.
The digital duty of care, proposed by the Albanese government, would require social media companies to adhere to minimum safety standards and take steps to protect users from harmful content. This includes material that promotes eating disorders, misogynistic content, pornography, or glorifies crime. These measures are intended to build upon Australia's existing ban on social media access for children under 16.
A White House spokesperson stated that the Trump administration had previously cautioned trading partners against implementing regulations targeting American technology firms. "President Trump has unequivocally warned trading partners against imposing digital services taxes, fines, and other forms of extortion on America's leading technology sector. The [Trump] administration remains committed to raising these issues with our trading partners," the spokesperson said.
Within Australia, some opposition members and the One Nation party have also voiced concerns, labeling the proposal governmental overreach. They specifically criticized provisions that would grant the communications minister the authority to define what constitutes harmful content online. Nationals leader Matt Canavan argued that governments should not control social media content, stating, "People should be able to freely express their views, and any attempt to silence or gag or influence those by governments should be absolutely rejected in a free and open democratic society." Opposition leader Angus Taylor described the proposed laws as an attempt to "censor" the internet.
Prime Minister Anthony Albanese has rejected these claims, asserting that the legislation aims to "give people control themselves over what they see."
How the Laws Would Function
Under the draft legislation, platforms such as Facebook, Instagram, and TikTok would be required to present users with a choice regarding their default feed. Users could opt for algorithmically recommended content or a feed consisting solely of posts from accounts they follow. This choice would be presented as a pop-up notification.
The bill also mandates that digital service providers protect all users from seriously harmful material and conduct, including illegal content. This encompasses content related to child sexual exploitation and abuse, grooming, incitement of sexual violence, support for terrorism, and the promotion of criminal offenses, illicit drug use, and violent conduct.
Furthermore, digital service providers would need to safeguard teenagers and children from addictive features and harmful content, including pornography, content encouraging disordered eating, hostility towards women and gender equality, dangerous stunts, and harassment or bullying.
Companies will be required to conduct regular risk assessments identifying "all reasonably foreseeable risks" and the content and design features contributing to them. These assessments must be made available to the eSafety Commissioner within 30 days if requested. The draft bill also grants the commissioner the power to issue removal notices for "nudify" applications and websites and to streamline processes for child cyberbullying and adult cyber abuse cases.