Big tech laws in Australia are set for a major showdown as the Greens push Labor to dramatically toughen new regulations designed to rein in digital platforms. The minor party is demanding individuals have the right to take platforms to court for financial compensation, setting the stage for a fierce parliamentary battle.
Greens Demand Tougher Big Tech Laws
As Labor prepares to introduce its planned digital duty of care laws into parliament this week, the Greens have signalled they will drive a tough bargain in exchange for their support. Their communications spokesperson, Sarah Hanson-Young, said the laws should do more to address the addictive nature of platforms and ensure real accountability.
"To meaningfully change the behaviour of big tech companies, the digital duty of care laws must include the right for Australians who have been harmed online to be able to take legal action and seek compensation for the damage done," she said. "Enforcement of the digital duty of care cannot be left to the eSafety commissioner alone."
Private Right of Action and Revenue-Based Fines
The Greens are pushing for two key changes: a private right of action allowing individuals to sue platforms directly, and fines levied as a percentage of corporations' global revenue rather than set amounts. They argue this would give the eSafety commissioner more teeth and ensure penalties are not just a cost of doing business for tech giants.
"To really put Australians' online safety at the heart of this reform, individuals and the community need to have the right to take on big tech through a private right of action," Hanson-Young added. The background to this story is set out in Australia's Digital Duty of Care: Clash with US Big Tech. A related thread runs through US Warns Australia Digital Duty of Care Risks Online Censorship. Earlier coverage in Digital Duty of Care: Why Algorithm Opt-Out Isn't Enough for Tech shows how the argument developed.
Political Landscape and Negotiations
The Coalition is opposed to the duty of care plan, giving the Greens the upper hand in negotiations. This dynamic means Labor will likely need Greens support to pass the legislation, handing the minor party significant leverage. A closer look at the same subject appears in Gambling Reform Push: Labor MPs Demand Stronger Ad Ban After. Anyone following the wider picture can start with Labor’s Practical Policy Push: Paid Placements & AusAlert Test. The same theme surfaces in Labor Faces Gambling Backlash Over Betting Inducement Ban Push, which takes a different angle.
The negotiations will be the first under new Greens leader, David Shoebridge, who has flagged a tougher negotiating approach than his predecessor. His stance suggests the Greens will not easily back down on their demands. Context on how this played out before sits in Gambling Reform Push: Labor MPs Urge Albanese to Act on Ads. A companion piece, Labour Members Hold Tougher Welfare Views Than Expected, approaches the same subject from another angle.
Comparison of Proposed Approaches
| Policy Aspect | Labor's Proposal | Greens' Demand |
|---|---|---|
| Enforcement | eSafety commissioner-led | eSafety commissioner + private right of action |
| Fines | Set amounts | Percentage of global revenue |
| Individual Compensation | Not included | Right to seek compensation |
Key Takeaways
- The Greens are pushing for a private right of action, allowing Australians to sue big tech for harm.
- They want fines based on a percentage of global revenue, not fixed amounts.
- The Coalition's opposition gives the Greens significant negotiating power.
- New Greens leader David Shoebridge is taking a tougher stance.
- The outcome will shape the future of online safety in Australia.
FAQ
What is the digital duty of care?
What is the digital duty of care?
The digital duty of care is a proposed legal framework that would require tech platforms to take reasonable steps to protect users from online harms, such as addiction, cyberbullying, and misinformation.
Why do the Greens want a private right of action?
Why do the Greens want a private right of action?
The Greens argue that a private right of action would empower individuals to hold big tech accountable and seek compensation for harm, ensuring enforcement is not solely reliant on the eSafety commissioner.
How would revenue-based fines work?
How would revenue-based fines work?
Fines would be calculated as a percentage of a company's global revenue, making penalties proportional to the size of the corporation and more deterrent than fixed amounts.