Read the Canberra Declarationâs Submission to the Online Safety Amendment (Digital Duty of Care) Bill 2026
The Canberra Declaration has submitted to the Federal Governmentâs Exposure Draft of the Online Safety Amendment (Digital Duty of Care) Bill 2026, warning that a Bill sold as child protection is, in its actual text, a mechanism for controlling lawful political and religious speech.
Every parent wants their children safe online. The Canberra Declaration, representing over 98,000 signatories committed to Christian values and freedoms, does not dispute that social media has real and documented harms for young Australians, or that government has a legitimate role in addressing them. But a billâs stated purpose and its actual text are two different things. When we read the Digital Duty of Care Bill closely, what we found should concern every Australian who values free speech and religious freedom.
> A Bill with an Open Definition of âHarmâ
The entire structure of this Bill depends on one word: harm. And the Bill leaves its definition open.
Proposed section 25C(1)(m) gives the Minister for Communications power to declare âany other material or conductâ seriously harmful, by legislative instrument, whenever she is personally âsatisfiedâ it may cause serious harm. There is no requirement that the material be unlawful. No requirement a court has ruled on it. No requirement Parliament debates the category before it takes effect. The Ministerâs satisfaction is the entire legal test.
The rule of law is opposed to rule by decree â or âsatisfaction.â A law built on the shifting judgment of whoever holds office, rather than on fixed, knowable standards, isnât a safeguard. Itâs a recipe for disaster.
> A Clause That Targets a Viewpoint, Not a Crime
Proposed section 25D(1)(c) deems material harmful to children if it âencourages or promotes hostile attitudes towards women or gender equality.â This is not a description of a crime. It is a description of an opinion.
It is entirely lawful in Australia to teach that a husband and wife hold different, complementary responsibilities within marriage. Itâs lawful to argue against gender quotas, or to argue that biological males should not compete in womenâs sport. None of these is a crime. Yet under this Bill, whether any of them counts as a âhostile attitudeâ can be decided by one personâs satisfaction.
Even the Coalitionâs own analysis of the exposure draft warns that âpoorly defined tests risk catching legitimate political, religious, cultural and social debate.â
> A Promise in a Policy Paper, Not in the Law
The governmentâs accompanying policy paper promises that any rule made under this framework âwill be required to include a statement of the ruleâs compatibility with Australiaâs human rights obligations, including freedom of expression.â
We read the 75-page exposure draft in full. The words âfreedom of expression,â âhuman rights,â âcompatibility,â and âscrutinyâ do not appear anywhere. Whatever safeguard the government intends exists only in a document that can be quietly revised or dropped, with no parliamentary process required. A safeguard that matters belongs in the Bill. This one isnât.
Notably, the Digital Duty of Care Bill does carve out one specific protection: proposed section 26(7) exempts âlawful communications occurring in private solely between consenting adultsâ from the duty of care entirely. The government evidently knows how to write a clause that places a category of speech beyond the Ministerâs reach. It simply hasnât done so for lawful political communication or lawful religious teaching. Why not?
> The Minister Has Already Told Us Who Decides
Asked directly who would decide what counts as a new serious harm, Minister Wells answered plainly: âthe test for what would constitute a new serious harm would ultimately be made by me.â Pressed on the ABCâs Insiders about the missing definition, her response described only procedure â consultation with the eSafety Commissioner, and the theoretical right of a senator to move a disallowance motion. Neither answer defines the word âharm.â Both confirm that whoever holds the office will supply the definition, case by case.
This is not a new pattern. The eSafety Commissionerâs powers began in 2015 confined narrowly to cyberbullying material targeting children, then widened with the Online Safety Act 2021. This Bill widens them again â attaching that growth to open-ended ministerial discretion rather than a fixed, debated list.
> A Regulator That Has Already Gotten It Wrong
This is not a hypothetical fear. In 2024, a delegate of the eSafety Commissioner issued a removal notice against Canadian activist Christopher Elston (âBillboard Chrisâ) for sharing and criticising a news article. It took a full year and an independent tribunal to correct. In July 2025, the Administrative Review Tribunal set the notice aside, finding an ordinary reasonable person âwould not conclude that it is likely that the post was intended to have an effect of causing serious harm.â The eSafety Commissioner was convinced her decision to ban the post was fully justified. The Tribunal disagreed. Giving greater discretionary power to a regulator with an evident agenda on topics like sexuality and gender is a terrible idea.
This Bill does not restrain that discretion. It expands it, backed by a maximum corporate penalty of roughly $109.2 million and a compliance window cut from 48 hours to 24. A platform facing a fine that size, on a deadline that short, over a standard this vague, has every commercial incentive to delete first and never ask questions. Thatâs not a safety framework. Thatâs 109.2 million reasons to land on the side of censorship.
Parliamentarians Have Said It Themselves: Itâs About Censorship
Greens Senator David Shoebridge, whose vote the government needs to pass this Bill through the Senate, has already said the quiet part out loud:
â⊠every time you get Pauline Hanson come out and say⊠she wants to promote hateful messages against First Nations peoples. Or you get the Coalition coming out and saying that they want to promote genocide denial⊠we need Digital Duty of Care so that those messages arenât amplified.â
A sitting senator holding the balance of power has named a political party and a political leader, by name, as the reason this Digital Duty of Care Bill is needed.
Before the exposure draft was released, the Prime Minister warned of âthe rise of populism,â with reporting linking his tech agenda directly to countering One Nation. But once the Digital Duty of Care Bill was actually on the table, the language softened to âthis is not about giving government control⊠itâs not about censorship.â Are we to believe what was said before the Bill was drafted, or the talking points released once it was time to sell it to the public?
Censorship has already happened to real people holding views this Billâs âhostile attitudesâ clause targets. Queensland psychiatrist Dr Andrew Amos was banned by the Medical Board from posting about gender medicine. Dr Jillian Spencer spent three years suspended for publicly criticising a childrenâs gender service, before all proceedings against her were finally dropped. These arenât slippery-slope predictions. Theyâre the present.
> What We Told the Government about the Digital Duty of Care Bill
Our submission makes clear:
Harm must be defined in the Digital Duty of Care Bill itself, not left to ministerial satisfaction, and should require a connection to conduct that is actually unlawful.
Freedom of expression and religious freedom protections belong in the legislation, not in a policy paper that can be discarded without debate.
Lawful political and religious speech deserves the same explicit protection the Bill already grants to private communication between consenting adults.
Genuine child safety measures should be separated from open-ended discretionary power.
We oppose a Bill that uses the language of child safety to build a discretionary power that a senator has openly admitted is aimed at silencing political opponents, and that has already been used, in a narrower form, against people for lawful speech.
Read the full piece at
dailydeclaration.org.au/2026âŠ