Australia's new Digital Duty of Care bill could block teens from Gmail, Google warns

Meta, TikTok and Snap warn the bill could give regulators too much power over content

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Google warns Australia's proposed online safety bill could lead to under-18s being blocked from Gmail.
Google warns Australia's proposed online safety bill could lead to under-18s being blocked from Gmail.
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Google has warned that Australia's proposed online safety legislation could force it to introduce age checks and potentially block users under 18 from Gmail, messaging services and private file storage.

Rachel Lord, head of policy for Google-owned YouTube in Australia and New Zealand, raised the concern during a Senate hearing on Monday, saying provisions in the proposed Digital Duty of Care bill could extend age-verification requirements to everyday communication services.

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The bill has passed Australia's House of Representatives and is now awaiting Senate approval, where it needs cross-party support to become law.

Under the proposed legislation, internet companies would have to take steps to prevent online harm before it occurs or face penalties of up to A$109 million ($75.1 million), according to Reuters.

Lord said a provision requiring online services to check users' ages where children could reasonably be exposed to pornography or fetish material could have wider consequences.

"It could require us to age assure and block access to everyday communication services like messaging, email and private file storage," she told the Senate hearing.

"We are talking about potentially intrusive monitoring within private communications or file storage," she added.

Why Google is concerned about Australia's age-verification rules

The disputed provision covers online services where there is a reasonably foreseeable risk that children could encounter pornography or fetish material.

Where technically feasible and reasonably practicable, companies would have to offer at least two methods of checking a user's age and prevent anyone whose age has not been verified as an adult from accessing the material.

The legislation does not explicitly require platforms to block under-18s from using an entire service. However, it does not specifically exempt email or messaging services, raising questions about how the rules could affect platforms such as Gmail.

Google wants the requirement limited to services whose sole or primary purpose is distributing pornographic material.

A breach of the age-verification requirement would carry the same maximum penalty as the bill's broader duty of care.

Meta, TikTok and Snap also question proposed law

Google is not the only technology company raising concerns about the legislation.

Representatives from Meta, TikTok and Snap also warned the Senate committee that broad definitions of harmful content could give regulators considerable discretion over what online platforms must remove.

According to Reuters, the companies argued that uncertainty over the rules could encourage platforms to over-moderate content to avoid heavy financial penalties.

Online companies and free speech advocates have also warned that the proposed framework could restrict online communication while replacing some existing mandatory industry codes.

The Australian government has argued that broad rules are necessary to ensure a safer internet.

Communications Minister Anika Wells wants the legislation passed by the end of 2026. If enacted, the new duty of care would come into effect 12 months after the law is passed.

The Senate committee hearing is continuing, with its findings expected by November 20.