MEDIA RELEASE

Family First opposes the anti-free speech provisions in the Albanese Government’s proposed Digital Duty of Care laws and the sweeping new powers they would hand to the eSafety Commissioner.

Family First National Director and NSW Legislative Council candidate Lyle Shelton said the Online Safety Amendment (Digital Duty of Care) Bill 2026 contains important measures to protect children but goes too far in empowering an unelected regulator to police lawful speech.

“The eSafety Commissioner has a terrible track record when it comes to attempting to censor legitimate political discussion. The last thing this office needs is more power,” Mr Shelton said.

“Protecting children from pornography, sexual exploitation, grooming, suicide and self-harm material and other genuine online dangers is essential.

“But protecting children must not become the excuse for building a government censorship machine.”

Mr Shelton said several definitions of harmful material in the Bill were dangerously broad and could capture legitimate political, moral and social debate.

The Bill also provides for penalties of up to 60,000 penalty units for breaches of the digital duty of care — more than $20 million.

“When social media companies are faced with the choice of allowing controversial but lawful speech or risking massive penalties, they will inevitably err on the side of censorship,” Mr Shelton said.

“That creates a chilling effect on free speech.”

Family First also opposes allowing ministers to expand categories of regulated material and online services through legislative instruments.

“Major decisions about what Australians can say online should be made through legislation debated and voted upon by Parliament, not expanded at the discretion of ministers or regulators.”

Mr Shelton said binding eSafety directions carrying significant penalties should require independent oversight through the Administrative Review Tribunal or Federal Court.

“The Commissioner should not be investigator, prosecutor, judge and enforcer.”

He said the Commissioner’s unsuccessful litigation against Melbourne mother Celine Baumgarten, arising from her public criticism of a primary school “queer club”, demonstrated the dangers of excessive regulatory power.

“Family First supports strong laws protecting children from genuine online harm.

“But Australians must remain free to debate contentious issues without fearing censorship from Canberra.

“Protect children and prosecute genuine wrongdoing — but keep the government’s hands off lawful political speech.”