Response to the Online Safety (Basic Online Safety Expectations) Amendment Determination 2023

Overall, the Centre welcomes the BOSE Amendment but has several recommendations. The speed and scale of development in the field of artificial intelligence (‘AI’) and other technologies with the potential for good and harm makes the proposed amendment timely. The explicit requirement for relevant services to take reasonable steps to ensure the best interests of the child is a primary consideration at all stages of design, development and deployment of services is particularly welcome. This approach aligns with Australia’s obligations under the Convention on the Rights of the Child and with recent recommendations for reform to the Privacy Act 1988 to introduce a requirement to consider the child’s best interests in the context of personal information handling.

Update on 31 May 2024: The outcome of public consultation on the Online Safety (Basic Online Safety Expectations) Determination is now available. The Digital Child is delighted by the inclusion of the following statement: “The provider of the service will take reasonable steps to ensure that the best interests of the child are a primary consideration in the design and operation of any service that is likely to be accessed by children.”