Fight the Digital Duty of Care!
The Problem
The Digital Duty of Care proposes extensive internet censorship. We are challenging part of it in the High Court (having been granted the role of amicus curiae in the Reddit case), as well as by campaigning against it over the coming weeks.
Expanding the Net of Censorship
The Digital Duty of Care expands regulation from large digital platforms to categories as varied as social media services, search engines, generative AI, app stores, and even your local sporting club’s online forum. This is a huge power grab by the government over the internet, which seeks to target every website in the world.
Bureaucratic Expansion of Powers
The Digital Duty of Care bill retains significant discretion for the eSafety Commissioner to issue guidelines that will control the way the bill is applied. It also lets the Minister determine by regulation design features deemed to have negative behavioural impacts. This is just bait and switch: the Minister is still in control.
Chilling Effect on Free Speech
By pushing the obligation to maintain a “safe online environment” onto online services, the Digital Duty of Care bill will create a chilling effect where any speech, discourse or functions that are controversial risk being censored even if they would not violate the letter of the law. Given who is ultimately enforcing it, we expect there will be an ideological bent on what gets censored.
Legacy Media Hypocrisy
Yet again, Albo has carved out exceptions for national and commercial radio and television broadcasters, and “professional news material”. This creates a two tiered system that will see online services err on the side of limiting content from new media and online commentary.
No Independent Review or Scrutiny
By pushing the obligation onto platforms, the government forces online services to do their dirty work for them, removing the ability for individuals to seek review or appeal censorship decisions that happen as a result of government policy. Any complaint scheme is likely to be a toothless tiger.
The general picture is that this Bill will be a systematic attack on Free Speech, if passed. The more we can do to stop it, the better. We appreciate all support!
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Become a MemberFrequently Asked Questions
Some of the fundamental reasoning about the power of the government to burden the freedom of political communication is being attacked in this case. A win in that case would knock out one of the pillars supporting the Digital Duty of Care. You can see our submissions on the High Court's website .
The Bill was referred to a parliamentary committee, who have been asked to report back to the parliament by 20 November 2026.
Submissions close on 30 October 2026.
Undermining support from the Greens will be crucial to defeating this Bill. If the Greens and Labor vote Yes together, the Bill will pass the Senate.
Donations will fund the Free Speech Union's legal costs associated with preparing and presenting its submissions before the High Court in Reddit, and our campaigning costs against the Digital Duty of Care.
If donations exceed the costs of this matter, surplus funds will be used to support future constitutional litigation and other legal matters advancing freedom of speech and political communication.
We'll provide updates on the progress of the case and our campaign through the Free Speech Union's website, newsletter and social media channels.