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Leadership1 publisher3 min readPublished

Albanese follows Australia's under-16 ban with a duty of care and an algorithm opt-out

A year after promoting the under-16 social media ban at the UN, Anthony Albanese is legislating a digital duty of care and an algorithm opt-out. The enforcement that has changed Meta's products so far came from Europe and the US.

The Board Room · Leadership desk

Photograph accompanying Albanese follows Australia's under-16 ban with a duty of care and an algorithm opt-out
Photo: abc.net.au

What happened

  • A year on from Albanese promoting the policy at the UN, Australia's under-16 social media ban is credited with the closure of as many as 5m accounts in the country.
  • A Dutch court ordered Meta to give Facebook and Instagram users an easily accessible option to block algorithmic recommendations, with fines behind the order.
  • Meta agreed last month to an US$18bn settlement with American state governments and to product changes including default daily time limits and night-time blocks.

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Why it matters

  • constraint The recommender is the component under pressure: a platform now needs per-user control of ranking and defaults that can be switched on jurisdiction by jurisdiction.
  • contradiction Albanese claims the world standard for digital safety while Curtin University's Tama Leaver says the world-leading framing may be slightly overstated, and the orders that moved Meta's products came from a Dutch court and US state governments.
  • exposure Australia's openness to trading copyright protections for AI and datacentre business puts the platforms on both sides of the same negotiation. That makes the fines a weaker standing threat.
  • precedent A majority telling pollsters they accept restrictions on platform business models gives the next government that copies this a domestic mandate before it drafts anything.

Australia's planned rules would create a digital duty of care and let social media users opt out of the algorithms ranking their feeds [6]. In the Netherlands, after a legal challenge found Meta was not compliant with the EU's Digital Services Act, a court ordered the company to add an easily accessible option for Facebook and Instagram users to block algorithmic recommendations, backed by fines [16][17]. Meta's US$18bn settlement with American state governments last month commits it to default daily time limits and night-time blocks [18]. Age assurance decides who can open an account; these three decide what the recommender may do for a user who already has one.

The closure figure is softer than a round number suggests. The Guardian reports the ban is responsible for the closure of as many as 5m accounts in Australia, an upper bound, and does not identify who compiled it [4][19]. France, Brazil and Indonesia have followed suit, according to the same account [5]. The case that the ban is now an exportable template rests, in this record, on those three country names.

Tama Leaver, a professor of internet studies at Curtin University in Perth, put the caveat on it [14]. "It is something that gives them a level of credibility, even if the world-leading nature of some of these plans might be slightly overstated," he told Guardian Australia [15]. Leaver pointed to the Dutch ruling, which left Dutch users with more power to shape their feeds than is standard in Europe [23].

Domestically the government is buying this cheaply. A DemosAU poll this week found 66% of voters support opt-out requirements for algorithms and 13% opposed [9]. That leaves 21% in neither camp and support running about five to one ahead of opposition [20]. A majority also said companies should be legally required to reduce foreseeable risks to users, even if it meant more restrictions on their business models [10]. "We took action because the community said 'enough was enough', and we would no longer let Australian kids be treated as commodities instead of children," Albanese said [7].

One of Albanese's first US stops is Apple's California headquarters, for talks with chair and former chief executive Tim Cook [11]. At home, about 160 datacentres have drawn disquiet from nearby communities and questions about how they will be powered [12]. On copyright, Albanese appears open to negotiating away Australian protections in order to do business with the same companies he has taken to task over social media [13].

An age gate is a signup and re-verification problem confined to the countries that legislate one. Per-user control over ranking, time limits and night-time defaults is now required by an Australian bill in draft, a Dutch injunction in force and a US settlement already signed [6][17][18]. Albanese said on Friday: "Australia is working to prevent online harm, particularly for our children, and I am proud that Australia is setting the world standard for digital safety" [8].

What to watch

  • Whether France, Brazil or Indonesia publish enforcement detail showing their laws copy Australia's age-assurance model or something looser.
  • The drafting of the duty of care and opt-out rules, in particular whether the opt-out is a default or a setting users must find.
  • Whether copyright concessions surface in any Australian agreement with the platform or AI companies Albanese has been fining.
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