US embassy criticizes Australia’s algorithm opt-out laws as potential censorship

The United States has formally criticised Australia’s draft “digital duty of care” legislation, calling the plan to let users opt out of social‑media algorithms a form of censorship of protected speech. The US embassy in Canberra submitted its concerns during Prime Minister Anthony Albanese’s visit to New York for the United Nations General Assembly, warning that the rules could force tech firms to apply vague “harm” standards and suppress independent or minority viewpoints.

Australia’s proposal would require platforms to give every user a clear option to turn off algorithmic feeds, aiming to shield people from content deemed harmful. The move follows a December ban on children under 16 accessing social media, part of a broader push to curb online risks. Albanese has said the legislation is about returning control to individuals, not giving the government more power over what people see. The draft also threatens hefty fines for companies that fail to provide the opt‑out feature, prompting industry worries about compliance costs and the potential stifling of innovation.

In its rare diplomatic submission, the US embassy said the draft could lead to “viewpoint‑based censorship” if regulators enforce vague definitions of “harm” and “risk.” It argued that mandatory platform design changes might affect not only Australian users but also global audiences, as tech firms could be forced to demote content touching on sensitive topics pre‑emptively. The embassy urged Australia to clarify how “harm” will be measured and to ensure government biases do not disadvantage independent journalists or minority voices. It also warned that the legislation could tarnish Australia’s reputation as a hub for tech innovation.

Albanese responded in New York, reiterating that the goal is to give people back control over what appears on their devices, not to expand government oversight. The debate is likely to continue as Australia refines the bill, with lawmakers expected to address the US’s concerns before the legislation moves to a final vote. If passed, the opt‑out rule could reshape how platforms design feeds worldwide, setting a precedent for other countries grappling with algorithmic influence and online safety.