Digital Duty of Care Bill puts religious freedom at risk

The Federal Government says its Digital Duty of Care Bill will make the internet safer. But could it also make it harder for Christians to express their beliefs online?

That is the warning from charity lawyer Mark Fowler and a growing number of Australian Christian leaders, who fear the legislation will encourage online platforms to censor lawful religious speech.

The Bill, which passed the House of Representatives in October and is now before the Senate, requires online services to take action against harmful content. Companies that fail to comply could face penalties of up to $109.2 million.

Protecting Australians, particularly children, from genuine online harm is an important objective.

But as Mark Fowler recently warned in The Australian, the legislation creates an incentive for technology companies to restrict lawful expression.

Platforms facing financial penalties may err on the side of caution, “preferring commercial self-interest over any commitment to religious freedom or freedom of expression”.

And there is a glaring omission in the Bill.

While it expressly protects categories including professional news, academic research and certain artistic and educational material, religious teaching and discussion receive no equivalent protection.

“The usual recitation of a ‘religious purpose’ is absent,” Fowler observed.

Christian beliefs about marriage, family, identity and eternal truth are increasingly contested. Under the proposed framework, a sermon or religious discussion addressing these issues could be restricted because a platform considers it a regulatory risk.

These decisions may be made by automated systems or multinational technology companies whose first priority is protecting their commercial interests.

On October 29, Christian leaders representing churches across Australia wrote to Prime Minister Anthony Albanese and Communications Minister Anika Wells calling for the Bill to be withdrawn and redrafted.

They warned that lawful religious teaching could be suppressed merely because some people find it controversial or offensive.

The leaders also raised concerns about the lack of clear rights for content creators to be notified when material is restricted, understand why, and seek independent review.

HRLA raised similar concerns in its September submission on the proposed legislation.

Although the Government has since narrowed some provisions, the central concern remains.

Freedom of religion includes the right to express and share religious beliefs, even when others disagree with them.

Australians should not have to depend on the commercial calculations of technology companies to protect that freedom.

Parliament must ensure that protecting people from genuine online harm does not become an excuse for suppressing lawful religious expression.