The 2nd edition of this policy paper outlines the big picture changes necessary to transform Australia’s digital regulation into systemic focussed legislation. The report supports the Albanese Government's consideration of Big Tech regulation in the 48th Parliament. 

This report draws on previous thinking about the five elements of tech regulation that would be necessary to achieve effective, comprehensive digital regulation in Australia, building on this to include implementation guidelines. In this update, the likely challenges for a comprehensive online safety package in Australia are further probed. This edition includes:

• analysis on potential barriers to systems-driven online safety reforms
• consideration of the Report of the Statutory Review of the Online Safety Act 2021
• revised recommendations for policy design.

Any government seeking long-term safety outcomes from online providers needs to simultaneously oversee a ‘product safety’ style regime to formalise and entrench a broader set of expectations. This includes addressing the product design and software that creates adverse outcomes for users – giving rise to well-documented public health issues like device addiction and disrupted sleep, as well as more complex technical issues like vulnerabilities in paid-for advertising models that give rise to financial scams. This update report outlines how digital regulation could address these broader expectations.

Elements

1. A duty of care
2. Risk assessment
3. Risk mitigation
4. Transparency measures
5. Accountability via enforceability.