Duty Check

This is a Bill, not law. Last updated 14 November 2026. Latest status

Is the Digital Duty of Care the same as the under-16 social media ban?

No. The under-16 ban is already law and applies to a short list of social media platforms. The Digital Duty of Care is a Bill, not yet law, and would apply to almost every online service, including ordinary business websites.

The two laws side by side

Under-16 social media banDigital Duty of Care
StatusLaw. In force since 10 December 2025A Bill before the Senate
Who it coversAge-restricted social media platformsNine types of online service, including websites and apps
What it requiresReasonable steps to stop under-16s holding accountsAppropriate action to keep all users safe, plus written risk assessments
Small business websitesNot coveredLikely covered, with lighter requirements expected for low-risk sites
Maximum penalty$49.5 million$109.2 million for a company
RegulatoreSafety CommissionereSafety Commissioner

Why do people confuse them?

Both amend the Online Safety Act, both are enforced by eSafety and both are about protecting children online. The ban received far more news coverage, so many business owners assume online safety law is only about social media companies. The Digital Duty of Care is much broader.

Does the Digital Duty of Care make my website check ages?

Not as a general rule. The Bill does not require every website to verify age. It requires appropriate action for your level of risk. A site with adult or age-restricted content should expect age checks to be part of that. A plumber's website should not.

How do the two laws work together?

The Bill adds to the ban. On social media services, children under 16 would also be protected from design features with negative behavioural impacts, such as recommender features.

What about eSafety's existing codes and standards?

eSafety's industry codes and standards already apply to websites and apps today. The Bill would repeal them when the duty starts, 12 months after Royal Assent, and replace them with the single duty. Until then they stay in force.

Is this the same as the Privacy Act?

No. The Privacy Act is about how you handle personal information. The Digital Duty of Care is about keeping users safe from harmful material and conduct on your service. A business can be covered by one, both or neither.

Sources

Last updated 14 November 2026