The Australian Labor Party is considering scaling back ministerial powers in its proposed digital duty of care legislation in an effort to secure passage of the bill through the Senate. The move follows opposition from both the Coalition and the Greens, who have voiced concerns about the scope of the bill.

Initially, the draft legislation would have granted the communications minister the authority to define what constitutes "serious harm" within the framework of the law. However, after resistance from the Coalition and the Greens, Labor is now reportedly prepared to shift this responsibility to Parliament, aiming to increase bipartisan support and facilitate the bill's approval.

The government has described the digital duty of care as a measure to place an obligation on digital service providers to ensure safer online environments. This includes provisions that would require platforms to offer users the option to opt-out of algorithmically ranked social media feeds, addressing concerns about the impact of recommendation algorithms on user experience and wellbeing.

Labor appears keen to garner backing from the Coalition rather than the Greens, who have called for more stringent restrictions on technology companies. The Greens have pushed for elaborate requirements that would extend the regulatory reach of the legislation, making consensus more challenging.

Opposition communications spokeswoman Sarah Henderson has strongly criticized the bill, urging Labor to abandon the current proposal entirely. She described it as a potential "blank cheque" for political censorship, accusing the government of aiming to suppress dissenting voices. While the proposed removal of ministerial powers might address some of her concerns, Henderson maintained that significant flaws remain.

One of her primary objections is the bill’s potential to override existing mandatory codes designed to compel platforms to detect and remove seriously harmful and unlawful content, such as material related to child sexual exploitation and terrorism. She also expressed concern that the legislation does not provide exemptions for news media, which she views as an infringement on free speech.

Additionally, Henderson pointed to provisions that would grant the eSafety Commissioner expansive powers, including the ability to create anonymous "sock puppet" accounts to monitor online activity, which she described as untenable.

Communications Minister Anika Wells’ office did not dispute reports of the proposed changes when approached for comment. The government has yet to release a definitive position on the revised approach, which will play a critical role in the ongoing negotiations within the Senate.