Greens Demand Right to Sue as Price for Backing Digital Duty of Care
The Greens will demand a private right of action allowing individuals to take platforms to court and seek financial compensation as a condition for supporting Labor's digital duty of care laws, which Labor was preparing to introduce into parliament in the week starting 12 October 2026. The Guardian The Coalition is opposed.
Greens communications spokesperson Sarah Hanson-Young said enforcement cannot be left to the eSafety commissioner alone. She is pushing for fines to be set as a percentage of corporations' global revenue rather than set amounts, and for the laws to do more about the addictive nature of platforms. The Greens planned to drive a tough bargain in exchange for support.
Labor's draft would require online platforms to reduce foreseeable harms, a legal duty to prevent harms a careful operator should expect. ABC News In September 2026 the government said it would legislate the duty with fines of more than A$100m for platforms not protecting users. Operators would have to document measures taken against online harms, and the eSafety commissioner would have power to issue removal notices.
The scope covers popular platforms as well as online games, apps and AI chatbots. They would have to guard against pornography, eating disorder content, misogynistic content, content glorifying crime or life-endangering stunts, and content that could cause serious distress including abuse and bullying.
Users over 16 would get new tools to turn off algorithm-driven content, posts selected by automated systems, under the planned laws. Communications Minister Anika Wells, who oversaw Australia's under-16s social media ban, said on 6 October 2026 on the Happy Families Podcast with Justin Coulson that the duty will cover AI, games, chatbots, search and other services children use. The duty was released for targeted consultation on 4 September 2026.
David Shoebridge is the new Greens leader, succeeding Larissa Waters, and has flagged a tougher negotiating approach than under Waters. Wells was scheduled to address the National Press Club on the Thursday following 12 October 2026. Sarah Henderson is the shadow communications spokesperson.
Several other items were also scheduled that week. Shoebridge was expected to introduce a bill to stop the importation of so-called "pervert glasses" and other wearable technology in the week starting 12 October 2026. Labor sought progress on its remaining budget bills, including moves to make tax treatment for trusts less generous. The Greens had earlier introduced a bill to establish a Digital Duty of Care for social media companies, creating a legal responsibility for tech giants. Hanson-Young has argued "a Digital Duty of Care would force big tech giants to prevent harm before it happens, not just apologise after the damage."
The broader context here is enforcement design. A regulator-led model with fixed penalties and removal powers puts the eSafety commissioner at the center. A private right of action with compensation shifts standing to users and creates parallel litigation risk. Turnover-based penalties link exposure to global revenue rather than a domestic cap.
Looking at what this means for passage, Coalition opposition makes Greens votes central if Labor needs crossbench support. That leverage explains the linkage between support and amendments on standing, penalty structure and product design, including algorithmic choice and addictive features. The outcome will determine whether the duty operates mainly through administrative enforcement and compliance documentation, or also through court-led claims for harm.
