The Trump administration has publicly challenged Australia’s proposed Digital Duty of Care legislation, warning that key elements of the plan could amount to what it described as “extraterritorial censorship of protected speech” and place undue restrictions on American technology companies.
The unusually direct intervention came through a formal submission to the Australian government’s consultation process on the draft legislation, which aims to require digital platforms to take stronger action to prevent and address harms experienced by users online.
A central feature of the proposed law would give users greater control over social media algorithms by allowing them to opt into recommendation feeds rather than relying solely on automated content selection. The legislation is also intended to improve platform accountability for online safety and content-related harms.
In its submission, the United States government expressed concerns about how Australian regulators would determine what constitutes “foreseeable harm” under the proposed framework. Washington argued that unclear definitions could create uncertainty for technology companies and potentially lead platforms to restrict lawful content to avoid regulatory risks.
The submission also called on Australia to exempt US-based social media companies from certain aspects of the proposed laws. Critics of that proposal argue that excluding major platforms would significantly reduce the practical impact of the legislation, given that many of the world’s largest social media services are operated by American firms.
US officials further argued that broad design requirements could encourage digital platforms to reduce the visibility of sensitive, controversial, or politically charged content. According to the submission, such measures could unintentionally affect independent journalists, commentators, and other online voices by limiting their reach.
The development comes as Prime Minister Anthony Albanese continues to promote Australia’s technology and digital regulation agenda on the international stage, including support for stronger online safety measures, AI governance frameworks, and restrictions aimed at protecting younger users online.
The debate highlights growing global tensions over how governments should regulate digital platforms while balancing public safety, freedom of expression, privacy, and the influence of powerful technology companies.
As consultation on the proposed legislation continues, policymakers will likely face competing pressures from industry groups, international partners, online safety advocates, and civil society organizations over the final shape of the reforms.
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