The US has raised concerns over Australia’s proposed digital duty of care laws, arguing that allowing users to disable social media algorithms could lead to “censorship” and affect online speech.
The US has criticised Australia’s plans to give social media users the option to turn off algorithm-driven recommendations, warning the proposed laws could amount to “censorship of protected speech”.
Under Australia’s draft digital duty of care legislation, platforms could face fines of up to A$100 million if they fail to offer users an option to opt out of algorithms that personalise the content they see.
The proposal is intended to reduce exposure to harmful material, including content linked to eating disorders, bullying and other forms of psychological harm.
In a submission to the Australian government, the US embassy in Canberra said it had “serious concerns” about the proposals.
It warned that allowing the government to enforce what it described as vague definitions of “harm” could result in “viewpoint-based censorship”.
The US submission said: “We ask that Australia clarify how exactly ‘harm’ and ‘risks’ shall be determined.”
The US also raised concerns that platforms could be required to “pre-emptively demote” content from independent journalists or other users whose posts address controversial subjects.
It argued that an algorithm opt-out could lead to “rigid, one-size-fits-all platform design requirements” that might affect what users see beyond Australia’s borders.
The submission said: “Mandated platform design features, especially when applied to algorithms, may affect what users see, say, and hear not just in or from Australia, but globally.”
The US also called for safeguards to ensure that the “biases and preferences” of Australian officials do not disadvantage independent or minority-viewpoint speech.
It warned that the proposals could also affect Australia’s reputation as a country that supports technological innovation.
Australian Prime Minister Anthony Albanese rejected the suggestion that the legislation would give the government greater control over social media.
He told reporters in New York on Tuesday (22.09.26): “It’s not about giving government control.
“It’s about giving people back control over what they receive on their devices.”
The dispute comes during Albanese’s visit to the US for the United Nations General Assembly, where technology policy and artificial intelligence have been among the issues under discussion.
The US intervention also follows Australia’s introduction of a world-first social media ban for children under 16 last December.
The proposed digital duty of care is separate from that legislation and would apply more broadly to social media users.
The Australian government has yet to finalise the rules, with questions remaining over how platforms would implement the opt-out system and how regulators would determine whether companies had complied.
US criticises Australia’s planned social media algorithm opt-out laws
