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Operators that would implement the proposed duty and respond to oversight
Covered online-service providers are the regulated class contemplated by Australia's September 2026 digital-duty-of-care exposure draft. They would remain the day-to-day operators of their services while taking reasonably practicable steps to provide a safe online environment through assessment, design and effective risk-reduction measures.
Proposed sections 25H and 26–26A describe proportionate duties. The minister could specify exemptions and some user-empowerment requirements. Under section 26D, a reasonable belief in past or present noncompliance could lead eSafety to give written directions aimed at preventing future failures. Separate civil-penalty and infringement processes are contemplated. The draft also envisages scheme-governed research access, including tightly constrained test accounts; it does not establish a universal identity-collection requirement.
Approved Australian-university researchers → Covered online-service providers
Sections205B-L: access depends on future rules and eligibility; fictitious accounts limited to authorized research, with interaction constraints and criminal-material exclusions. No actual transfer acquired.
Australian eSafety Commissioner → Covered online-service providers
Section26D PDF38-39: reasonable belief of past/present noncompliance triggers written future-prevention directions. Not unlimited orders. Civil penalties and infringement notices have distinct processes.
Australia digital duty of care — exposure draft → Covered online-service providers
Sections25H,26-26A PDF35-38: risk assessment, design and effective measures; proportionality rather than zero-harm guarantee. Proposed, not enacted or implemented.
Australian communications minister — statutory role → Covered online-service providers
Sections25A,25B and26(4)-(6). Not current individual orders, automatic small-business exemption or a fixed adult opt-out interface.
Australia Digital Duty of Care: operative authority and adult choice ↗
Australia digital duty of care — exposure draft → would impose reasonably practicable safe-environment duty → Covered online-service providers
Sections25H,26-26A PDF35-38: risk assessment, design and effective measures; proportionality rather than zero-harm guarantee. Proposed, not enacted or implemented.
Australian communications minister — statutory role → would specify exemptions and some user-empowerment requirements → Covered online-service providers
Sections25A,25B and26(4)-(6). Not current individual orders, automatic small-business exemption or a fixed adult opt-out interface.
Australian eSafety Commissioner → would issue compliance directions on reasonable belief → Covered online-service providers
Section26D PDF38-39: reasonable belief of past/present noncompliance triggers written future-prevention directions. Not unlimited orders. Civil penalties and infringement notices have distinct processes.
Approved Australian-university researchers → could obtain scheme-governed research access and test accounts → Covered online-service providers
Sections205B-L: access depends on future rules and eligibility; fictitious accounts limited to authorized research, with interaction constraints and criminal-material exclusions. No actual transfer acquired.