BRISBANE, Australia—Investigative journalist Michael Shellenberger has called on the Australian government to abandon its proposed Digital Duty of Care legislation, warning that it could grant authorities sweeping powers to monitor and censor online speech.
Speaking at the Conservative Political Action Conference (CPAC) Australia event in Brisbane, Shellenberger criticised the Albanese Labor government’s proposed Online Safety Amendment (Digital Duty of Care) Bill 2026.
“Two years ago, the people of Australia rose up to defeat sweeping censorship legislation,” he said.
“Today, the Albanese government has proposed an even more extreme, radical censorship regime.”
He argued that the amendments could give authorities extensive powers to censor and monitor Australians online.
“I’ve returned to raise the alarm … at the same time try to understand why anyone would want the government to be able to silence practically any citizen online,” he said.
Concerns Over ‘Sock Puppet’ Accounts
One of Shellenberger’s key concerns is a provision allowing the eSafety Commissioner, currently Julie Inman Grant, to operate online accounts under false identifies, commonly known as “sock puppet identities.”
Section 205G of the draft legislation (pdf) defines a sock puppet identity as a “false or fictitious identity” to use online services.
Section 205J would permit the commissioner to use these identities for performing or “exercising the Commissioner’s functions.”
The proposed powers would allow the creation of accounts to observe and record online material, test platform features, and interact with users.
Shellenberger questioned what safeguards would prevent these powers from being misused, including to influence public opinion.
“The government is saying that fake accounts are a menace to democracy when the citizens run them, and a public service when the government does,” he said.
“This legislation would effectively let one or maybe two people censor the internet while waging informational warfare against the public.”
He urged Australians to reject the legislation outright rather than seek amendments.
“It cannot be salvaged with amendments,” he said.
“No government should ever try to censor citizens for political speech. No government should ever speak to its citizens through a fake name.”
Government Says Bill Will Protect Australians Online
The Albanese government maintains that the legislation is intended to protect Australians from online harm and hold technology companies accountable.
Released for public consultation on Sept. 8, the draft bill would amend the Online Safety Act 2021 by introducing a digital duty of care for online services.
The framework would require companies to identify foreseeable risks and take reasonable steps to prevent serious harm, including risks associated with cyberbullying, online abuse, and harmful material affecting children.
Announcing the proposal, Prime Minister Anthony Albanese said the reforms were designed to empower users rather than expand government control.
“This is not about giving government control. It’s about giving people control,” he said at a Sept. 8 press conference.
Communications Minister Anika Wells said online companies should be required to meet basic safety standards to be in line with other industries like food and car manufacturing.
“Online harms have real world consequences,” she said.
“The Digital Duty of Care is not about controlling adults online. It is about giving adults a choice.”
The government said companies that fail to comply with the proposed laws could face penalties exceeding $100 million.
The proposal follows the Albanese government’s unsuccessful attempt to introduce misinformation and disinformation laws in 2024, which would have given the Australian Communications and Media Authority (ACMA) greater powers to oversee how digital platforms managed false or misleading information online.
The government abandoned the bill after failing to receive sufficient parliamentary support.
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