The Trump administration warned the Australian government in a formal diplomatic submission that proposed online safety and digital duty of care laws risk functioning as a mechanism for viewpoint-based censorship. Published on the US embassy website in Canberra, the intervention targets legislation granting communications ministers legal powers to declare foreseeable harm.
US Objections to Digital Duty of Care Powers
According to a submission published by the US embassy in Canberra on Tuesday, the proposed regulatory framework empowers governments to enforce vague definitions of harm. The Trump administration argued that this setup incentivizes digital platforms to over-moderate protected speech in order to avoid regulatory penalties.
The White House stated that if Australia compels platforms to aggressively filter content in algorithmic feeds to satisfy a government mandate, the effect on disfavored speakers or media sources would not be meaningfully different than outright removal. The submission explicitly noted that the US government would likely consider such a measure as facilitating censorship.
The public escalation follows the federal government’s announcement of plans to introduce a digital duty of care for internet users under 18. Under the proposed model, popular platforms, online games, apps, and artificial intelligence chatbots would be required to protect children from specific harms, including pornography, content promoting, encouraging or accelerating eating disorders, misogynistic content, and content glorifying crime or life-endangering stunts.
Global Impact on Platform Design and Algorithms
The US government requested that Australia withdraw plans to mandate platforms algorithmically suppress content based on ambiguous, government-defined safety criteria. According to the US submission, digital platforms build and deploy product features at a global scale rather than market-by-market.
Forced platform design changes aimed at mitigating Australia-specific risks could result in systemic changes that alter how users worldwide, including Americans, experience these services and reach audiences. The intervention specifically took issue with legal powers held by the eSafety commissioner to issue removal notices and require platform operators to document measures taken against online harms.
The diplomatic push coincides with separate Albanese government initiatives requiring platforms to allow account holders to opt out of powerful algorithms pushing content into their feeds. Communications Minister Anika Wells has previously characterized the regulatory push as a global reckoning for big tech following the introduction of a social media ban for under 16s.
Political Stakes Ahead of UN General Assembly Meeting
The intervention delivers a strategic boost to the Coalition, which opposes the duty of care laws on the grounds that they hand too much power to the government to regulate online content. The timing of the embassy submission preceded a scheduled meeting between Anthony Albanese and US President Donald Trump at the United Nations General Assembly in New York.
The public warning also arrives shortly after the arrival of the new US envoy to Australia, former congressman David Brat, who recently took up his post in Canberra. When previously questioned regarding potential international friction over the tech regulations, Albanese maintained that his government would make decisions in Australia’s national interest.
