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Australia's draft bill would make platforms keep asking if you want the algorithm off

Canberra's exposure draft takes a right Europe already granted and adds the part Europe left out: making platforms keep offering it. That obligation is also the rare online-safety rule a researcher can check in an afternoon.

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What happened

  • Australia has published an exposure draft of a Digital Duty of Care bill that would require social media platforms to show users recurring prompts offering to switch the algorithmic feed off.
  • Reuters reported that breaches of the drafted bill would carry penalties above A$100m.
  • The wider duty would oblige platforms to identify and mitigate risks on their services, block harmful and illegal material, and take specific measures on minors, body image and bullying.
  • The eSafety Commissioner and independent researchers would gain the power to monitor platforms with undercover accounts posing as children, a method the companies have generally resisted.
  • The Coalition holds two positions at once, with Sarah Henderson attacking recommender manipulation of children while Angus Taylor calls the bill a censorship attempt, and it still has to clear a split chamber.

Why it matters

  • What's now possible capability For once the regulator can verify a duty by observation instead of taking a platform's word for its own systems, which makes this the cheapest obligation in the regime to enforce.
  • What it limits constraint Leaving the personalised default in place caps what success can mean: a platform answers for offering the switch, never for how few people flip it.
  • Who's exposed exposure The services already found short on the under-16 ban would pick up a second duty whose breach is provable from outside the company, which is a bigger change to their legal position than the duty's substance suggests.
  • What it sets up precedent If a repeating prompt survives consultation, surfacing becomes the cheap bolt-on any jurisdiction sitting on a dormant opt-out right can copy without ever touching the default.

In Europe the largest platforms have had to offer at least one feed not built on profiling since the Digital Services Act of 2023 [7]. Take-up of the chronological feeds that resulted has been modest, and The Next Web attributes that to the DSA obliging nobody to put the option in front of a user [15]. Anyone who has shipped a settings screen to satisfy a rule knows the shape of it: the toggle exists and the box is ticked, while the count of people who ever found the toggle stays small.

What product teams tell themselves is that a user who wants different ranking will go looking for it. What users do is open the app and read what is on top. The Australian draft accepts the second description and moves the obligation from the existence of the choice to its delivery [1]. Plenty of jurisdictions have granted the escape route; The Next Web notes that almost none require the platform to keep asking [16].

That changes what a regulator has to prove. The under-16 ban is the local counter-example: Meta, TikTok and YouTube have been found not complying, and the government moved to double the fines and expand the regulator's powers in response [3], which is three of the biggest services in the country [9]. The Next Web's read is that Australia's age checks failed at their first test [4], and that a pop-up requirement is trivially auditable in a way age assurance is not, because an undercover researcher account can establish inside an afternoon whether the prompt appeared at the stated interval [17].

The 2x2 worth drawing has one axis for whether the non-profiling alternative exists in law, and one for whether anyone is obliged to surface it repeatedly. Europe sits in exists-but-unsurfaced [7][15]. The Australian draft moves to exists-and-surfaced while leaving the personalised default switched on, which is what an opt-out regime does: it relies on users acting [14]. The Greens want feeds to be opt-in, which flips the default rather than the prompt and sits in a different quadrant entirely [13].

Which quadrant you land in decides what compliance means. Under the draft, the artefact is the prompt. A platform can serve the dialog on schedule, watch almost everyone dismiss it, and remain inside the law, because the question the bill asks is whether the choice was offered rather than whether anyone took it. Under an opt-in rule the artefact is the feed itself [14].

The forcing function for a team with its own dormant setting: decide which number your obligation will be measured against before a regulator decides for you. If it is "the option is available", the work is a menu item and a screenshot. If it is "users chose it", the work is the default, and no amount of prompting substitutes. Australia has drafted the first instrument aimed squarely at the gap between those two, and it should be read as a delivery mandate rather than a new right [1][16].

What to watch

  • Whether the consultation fixes the prompt interval in the bill text or leaves it to the eSafety Commissioner to set.
  • Whether the Greens' opt-in default picks up crossbench numbers once the bill reaches parliament.
  • Whether platforms use the consultation to contest the undercover child-account research power rather than the prompt itself.

Clarity's read

What the record supports and how the coverage leans. The claims behind it follow.

Reality

Evidence60
Adoption8
Hype gap+25
Incentives55
Confidence55

Perspective Coverage

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Claim ledger

Ranked by verification strength, evidence, and original report placement.

  1. [1]

    Australia published an exposure draft of the Digital Duty of Care bill this week that would require social media platforms to show users recurring prompts offering to turn the algorithmic feed off.

    Reported SupportedView cited source
  2. [2]

    Reuters reported that the exposure draft carries penalties above A$100m for breaches.

    Reported Supported Source: Reuters, as reported by The Next WebView cited source
  3. [3]

    The regulator has found Meta, TikTok and YouTube not complying with Australia's under-16 social media ban, and the government has moved to double the fines and expand the regulator's powers in response.

    Reported SupportedView cited source
  4. [4]

    Australia's age checks failed at the first test.

    Reported Supported Source: The Next WebView cited source
  5. [5]

    The wider duty of care would require platforms to identify and mitigate risks on their services, prevent the sharing of harmful and illegal material, and take specific measures to protect minors from content relating to body image, bullying and other psycho-social harms.

    Reported SupportedView cited source
  6. [6]

    The exposure draft is a consultation document rather than a law, and goes to parliament after that process, into a chamber where the opposition is split and the crossbench wants something stronger.

    Reported SupportedView cited source
  7. [7]

    The European Union's Digital Services Act, reached in 2023, requires the largest platforms to offer at least one recommender option not based on profiling, the same substantive right Australia is legislating.

    Reported SupportedView cited source
  8. [8]

    The eSafety Commissioner and independent researchers would gain the power to monitor platforms using undercover accounts posing as children, a research method the companies have generally resisted.

    Reported SupportedView cited source
  9. [9]

    Three companies have been named by the regulator as not complying with the under-16 ban.

    Derived Supported
  10. [10]

    Shadow communications minister Sarah Henderson has attacked the "insidious psychological manipulation" of children by recommender systems.

    Reported SupportedView cited source
  11. [11]

    Opposition leader Angus Taylor said he was "deeply sceptical" and feared the bill was an attempt by the government to censor social media.

    Reported SupportedView cited source
  12. [12]

    Shadow treasurer Tim Wilson has raised concerns about restricting opinion.

    Reported SupportedView cited source
  13. [13]

    The Greens want algorithmic feeds to be opt-in rather than opt-out.

    Reported SupportedView cited source
  14. [14]

    An opt-out regime leaves the default in place and relies on users acting, while an opt-in regime would switch personalised ranking off until someone asks for it; the bill as drafted takes the softer path and compensates with the prompt.

    Reported Contested Source: The Next WebView cited source
  15. [15]

    The DSA does not oblige any platform to surface the non-profiling option, and take-up of the chronological feeds now available on the major services has been correspondingly modest.

    Reported Insufficient Source: The Next WebView cited source
  16. [16]

    Plenty of jurisdictions have established that users should be able to escape recommender systems, but almost none require the platform to keep asking whether they would like to.

    Reported Insufficient Source: The Next WebView cited source
  17. [17]

    A pop-up requirement is trivially auditable in a way age assurance is not: either the prompt appears at the stated interval or it does not, and an undercover researcher account can establish which within an afternoon.

    Reported Insufficient Source: The Next WebView cited source

Sources

3 independent publishers whose own reporting we read for this story.

  1. fastcompany.com

    1 article · September 8, 2026

    Social media users in Australia are moving closer to controlling their feeds. Here’s how
  2. gizmodo.com

    1 article · September 8, 2026

    Australians Could Soon Opt Out of Social Media Algorithms Altogether
  3. thenextweb.com

    1 article · September 7, 2026

    Australia will make platforms prompt users to switch off algorithmic feeds

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