Social media companies must mitigate harms from their products under overhaul of online safety laws

Social media companies with the biggest reach or posing the highest risk to Australians will have to proactively mitigate harms from their products under an overhaul of online safety laws.

The Federal Government is releasing Delia Rickard’s review of the Online Safety Act on Tuesday, more than three months after receiving it, but is unlikely to make the changes before the election.

Ms Rickard made 67 recommendations with a duty of care putting the onus on big tech companies to protect their users at the centre.

This would flip the laws from reactive takedowns of harmful material to a proactive stance with more transparency and enforcement options.

Communications Minister Michelle Rowland promised last year the Government would legislate a duty of care.

However, it is yet to respond to any of the other recommendations which include giving the eSafety Commissioner stronger powers and punishments ranging up to banning a platform from Australia as a last resort.

It also recommends companies face fines of the larger of $50 million or 5 per cent of global turnover. The Government legislated $50 million fines along with its ban on children using social media but it yet to decide if it will add the percentage approach.

The review also says it should be easier for users to complain about cyber abuse with a “no wrong door” approach, new steps should be taken to deal with “pile ons” attacking someone based on a protected characteristic such as race or sexual orientation, and that the government should be able to set up groups of stakeholders to tackle “wicked problems” in an approach that has worked well for dealing with scams.

Ms Rowland said the Government was continuing to carefully consider all the recommendations.

“We are committed to strengthening our online safety laws to protect Australians – particularly young Australians,” she said.