Money. Identity. Technology.
Follow the money. Find the decision.
Proposed boundary of the duty and the mechanism for later expansion
These are the initial harm and feature categories, and the powers to add to them, in Australia's 8 September 2026 digital-duty-of-care exposure draft. Sections 25B–D distinguish serious harm, additional child protection and under-16 social-media features rather than using one undifferentiated category of online harm.
For sections 25C and 25D, the minister would seek and consider eSafety advice, but serious-harm potential applies to the general category and child-harm potential to the child category. Section 25G's feature power has no express serious-harm threshold in that section. The initial list does not name a generic misinformation or democracy category. Earlier Australian harm tests existed in the 2021 Act, before the 2023 typology; the draft is not enacted incorporation of that taxonomy.
Australian communications minister — statutory role → Draft initial categories and ministerial additions
25C(2),25D(2),27B require seeking/considering eSafety advice and serious-harm or child-harm potential respectively. Child test does not expressly require seriousness;25G feature power has no express serious-harm threshold in that section. Existing general delegation edges retained.
Australia digital duty of care — exposure draft → Draft initial categories and ministerial additions
25B-D distinguish serious harm, additional child protection andunder16 social-media features. No generic misinformation/democracy label named; not an assurance none could intersect listed conduct or future additions.
As-made2021 Australian harm tests → Draft initial categories and ministerial additions
As-made2021sections5-9/106 predate2023 typology. Similar legal concepts need not originate solely in it; comparison does not prove exact drafting lineage or equivalence of every threshold.
Australia Digital Duty of Care: operative authority and adult choice ↗
From harm vocabulary to proposed Australian legal categories ↗
Australia digital duty of care — exposure draft → specifies initial harm and child/feature categories → Draft initial categories and ministerial additions
25B-D distinguish serious harm, additional child protection andunder16 social-media features. No generic misinformation/democracy label named; not an assurance none could intersect listed conduct or future additions.
Australian communications minister — statutory role → would add harm or feature categories under differing tests → Draft initial categories and ministerial additions
25C(2),25D(2),27B require seeking/considering eSafety advice and serious-harm or child-harm potential respectively. Child test does not expressly require seriousness;25G feature power has no express serious-harm threshold in that section. Existing general delegation edges retained.
As-made2021 Australian harm tests → provides earlier substantive harm-test comparator → Draft initial categories and ministerial additions
Interpretation from the evidence
As-made2021sections5-9/106 predate2023 typology. Similar legal concepts need not originate solely in it; comparison does not prove exact drafting lineage or equivalence of every threshold.