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Five necessary elements for effective digital platform regulation: November 2024

Publisher
Digital platforms Transparency Regulatory instruments Regulator strategy Data protection Cyber safety Australia
Description

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.

  1. An overarching duty of care owed by digital platforms to Australian users.
  2. Requirements for platforms to assess all their systems and elements for a defined set of risks.
  3. Requirements for platforms to implement reasonable steps to mitigate each risk.
  4. 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.
  5. Enforceable regulations and empowered regulators to compel behavioural change.
Publication Details
License type:
CC BY
Access Rights Type:
open