The two laws side by side
| Under-16 social media ban | Digital Duty of Care | |
|---|---|---|
| Status | Law. In force since 10 December 2025 | A Bill before the Senate |
| Who it covers | Age-restricted social media platforms | Nine types of online service, including websites and apps |
| What it requires | Reasonable steps to stop under-16s holding accounts | Appropriate action to keep all users safe, plus written risk assessments |
| Small business websites | Not covered | Likely covered, with lighter requirements expected for low-risk sites |
| Maximum penalty | $49.5 million | $109.2 million for a company |
| Regulator | eSafety Commissioner | eSafety 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