Five necessary elements for effective digital platform regulation: November 2024
The report finds that the Australian regulatory framework, relying heavily on co-regulation and voluntary measures, has proven inadequate to the evolving challenges of digital safety. It proposes a more robust regulatory model and provides implementation guidelines for five interlocking concepts. It is designed to be used as a practical guide for drafting legislation and implementing policy frameworks.
The authors argue that a systemic approach to regulation, focusing on the underlying systems and processes of digital platforms, is necessary to effectively address the evolving nature of online harms in a context where powerful digital platforms have consistently prioritized their own interests over user safety.
The report proposes the Australian model include the following five elements.
- An overarching duty of care owed by digital platforms to Australian users.
- Requirements for platforms to assess all their systems and elements for a defined set of risks.
- Requirements for platforms to implement reasonable steps to mitigate each risk.
- Five sources of transparency:
- publicly available summaries of risk assessments
- annual prescriptive transparency reports with detailed data on platform operations
- independent audits of risk assessments and transparency reports
- data portals providing access to ad repositories and content moderation data, and
- researcher access to public interest data, including API initiatives.
- Enforceable regulations and empowered regulators to compel behavioural change.
