Bill bans AI chatbots that simulate emotional intimacy with children

Prime Minister Anthony Albanese argues that children are treating artificial intelligence agents as their best friends, a dynamic he described in a Tuesday night address as a major wake-up call for Parliament. To address this, the federal government has moved to ban AI chatbots that seek to create what it calls emotional intimacy with minors.

The digital duty of care bill passed the House of Representatives on Wednesday. The legislation requires platforms to ban material or conduct that simulates emotional intimacy and fosters a child's dependence on it in place of human relationships. This requirement follows an amendment proposed by crossbencher Kate Chaney, which the government accepted.

The bill establishes an overarching obligation for tech platforms to provide a safe online environment. It replaces existing online codes with a duty of care requirement to protect users from harmful content. Communications Minister Anika Wells indicated that the laws would capture content promoting misogyny, terrorism, suicide, self-harm, and eating disorders. Platforms must also offer an opt-out feature for algorithmic and suggested content.

The Coalition and One Nation voted against the bill in the lower house. Opponents have labeled the framework an Orwellian system of censorship intended to influence online conversations. Wells rejected these claims, stating that if the opposition cares, they should bring an amendment to kill the bill rather than a slogan.

Pressure is mounting for the bill to include stronger enforcement mechanisms. Independent MP Sophie Scamps proposed expanding the remit of the telecommunications industry ombudsman to act as a watchdog for big tech. Labor did not accept this amendment in the lower house, but the Greens are pushing for it in Senate negotiations. The Greens want Australians to have the right to pursue private legal action and for penalties to be increased.

Cynthia Gebert, the current telecommunications industry ombudsman, said her office is well placed to handle complaints from big tech users. She noted that her office is funded by the industries it regulates. Gebert stated that the current system risks leaving users with automated responses and escalation procedures that do not resolve issues. She argued that mandatory membership in an ombudsman scheme would hold industry to account.

The bill now moves to the Senate for debate. The government hopes to pass the legislation by the end of 2026, though the pathway through the upper house remains unclear. The Greens have established an inquiry to probe the laws, with a report due in late November. Senator Sarah Hanson-Young has called for the legislation to be strengthened to include an external complaints pathway free from the profit-driven whims of big tech.