What the Media Didn't Tell You About the Australian Off Switch Bill

Since the author was unable to find it, here are the bits relevant to recommendation algorithms:

25F Design features

(1) A design feature of an online service includes the following:

(a) a recommender feature;

(b) a logged-in feature;

(c) an endless-feed feature;

(d) a feedback feature;

(e) a time-limited feature.

Recommender feature

(2) An online service has a recommender feature if the service can:

(a) select material by reference to any information that the

service has associated with an end-user’s account; and

(b) display that material to the end-user while the end-user is

using the service.

25G Negative behavioural impacts

(1) The following design features of online services are taken to have

negative behavioural impacts:

(a) a recommender feature;

(b) a logged-in feature;

(c) an endless-feed feature;

(d) a feedback feed feature;

(e) a time limited feature;

(f) a design feature determined by the Minister under

subsection (2).

(2) The Minister may, by legislative instrument, determine that a

design feature of an online service is taken to have negative

behavioural impacts.

Division 3—The digital duty of care

26 The digital duty of care

Digital duty of care

(1) A person responsible for an online service must ensure, so far as is

reasonably practicable, a safe online environment.

Note: For safe online environment, see section 25B.

(2) This requirement is the person’s digital duty of care.

Mandatory requirements

(3) To comply with the digital duty of care, the person must also do

the following:

(a) manage design features of the service appropriately,

including by providing user empowerment tools as required;

(b) conduct risk assessments in accordance with section 26A;

(c) take effective measures as necessary to address those

assessments.

Note: Failure to comply with this subsection will constitute a breach of the

digital duty of care.

User empowerment tools

(4) The Minister may, by legislative instrument, require specified

online services to provide specified user empowerment tools.

Note: For specification by class, see subsection 13(3) of the Legislation Act

2003.

(5) The online services or user empowerment tools may (without

limitation) be specified by reference to any matter.

Note: The user empowerment tool may, for example, be specified by

reference to the amount or kind of control the tool gives a user of an

online service over the operation of particular design features.

(6) A user empowerment tool allows a user of an online service to

manage the way design features of the service operate for the user,

including, for example, by providing control over the kind of

content that is recommended for the user.

Very helpful thanks Brisk, that is a fairly broad power granted to the minister. I guess a prominent off switch is considered protective? I expect they will make it as irritating as possible none the less and most people just use the defaults anyway. Now, being off by default would be a massive change. I expect the Greens will push for that.

Labor making legislation and pretending it’s something else? Nahhhhhhh couldn’t possibly be them