Australia's new digital laws would ban AI chatbots from mimicking human friendship with children

The federal government has moved to prohibit artificial intelligence chatbots from forming simulated emotional bonds with children. The Digital Duty of Care Bill passed the House of Representatives on Wednesday. This legislative step follows Prime Minister Anthony Albanese’s recent warnings about young people treating digital agents as their primary source of companionship.

The bill establishes a new framework for online safety standards across social media, video games, mobile applications, and chatbots. Labor described the legislation as creating an overarching obligation for technology platforms to ensure a safe online environment for all Australians. The law replaces existing online codes and standards with a single duty-of-care requirement designed to protect users from specific harmful content.

Communications Minister Anika Wells identified several categories of content that fall under the new laws. These include material that promotes misogyny, terrorism, suicide, self-harm, and eating disorders. The government also accepted amendments proposed by crossbencher Kate Chaney. These additions specifically target AI chatbot activity, requiring platforms to ban material or conduct that simulates emotional intimacy. The rules aim to prevent platforms from encouraging a child’s dependence on a digital entity in place of human relationships.

The legislation also mandates that social media platforms provide an opt-out feature for their algorithms and suggested content. A second amendment from Chaney requires that these opt-out features be accessible, easy to use, and prominently available. This provision addresses concerns that major social media companies might hide these controls or make them difficult for users to find.

The bill now proceeds to the Senate for debate. The government hopes to pass the legislation by the end of 2026, although the timeline remains uncertain. The Greens support the bill, while the Coalition has stated it will not vote for it. Labor remains open to amendments and continues to seek support from opposition members. Albanese addressed the House on Tuesday night, urging the Coalition to consider supporting the bill.

Albanese cited the stories of people identifying a chatbot as their best friend as a wake-up call for Parliament. He stated that these accounts should prepare every member of the House to act. The opposition voted against the bill in the lower house alongside One Nation. Political critics have accused Labor of creating an Orwellian system of censorship. Wells denied these claims, telling ABC radio on Wednesday that opponents should bring amendments rather than slogans to kill the bill.

The Greens have established an inquiry to examine the laws, with a report due in late November. Senator Sarah Hanson-Young supported the digital duty of care but called for stronger legislation. She advocated for the right to pursue private legal action against platforms and for increased penalties. Hanson-Young emphasized the need for an external complaints pathway that is free from the profit-driven decisions of large technology companies.

Independent MP Sophie Scamps proposed changes to expand the role of the telecommunications industry ombudsman. She argued that a dedicated watchdog would allow ordinary users to seek remedies for hacked or inaccessible accounts, including compensation. It would also allow the office to investigate and name companies that behave poorly. Labor did not accept this amendment in the lower house, and Wells declined to voice support for the idea. The Greens plan to push for this reform during Senate negotiations.

Cynthia Gebert, the current telecommunications industry ombudsman, stated her office is well-positioned to handle such a role for big tech. She noted that such regulatory roles are typically funded by the industries they regulate. Gebert said the digital duty of care puts the onus on platforms to make things safe but needs strengthening in the area of complaint resolution.

"It risks leaving Australians in the safe place they are now, where they get automated responses or escalation procedures that don't go anywhere," Gebert said. She urged the government to make it mandatory for big tech to participate in an ombudsman scheme. Gebert explained that consumers often ask why they can get help with a Telstra account but not a Gmail account. She said her office wants to help but currently lacks the necessary powers to do so.