The Greens will use this week's arrival of Labor's digital duty of care laws in parliament to demand tougher measures, including the right for individuals to sue platforms and win financial compensation. Labor plans to introduce the legislation this week, and the party also wants fines levied by the eSafety commissioner to be charged as a percentage of corporations' global revenue rather than set amounts.

Their hand is strengthened by the fact that the Coalition opposes the duty of care plan altogether, leaving the Greens as the likely negotiating partner for the government.

What Labor's duty of care bill does

Last month the government said it would legislate the duty of care, with fines of more than A$100m for platforms that fail to protect users from harm. Under the plan, popular platforms, online games, apps and AI chatbots must guard against specific harms, including pornography, eating disorder content, misogynistic content, content glorifying crime or life-endangering stunts, and content causing serious distress such as abuse and bullying.

• •The eSafety commissioner will be able to issue removal notices to companies.
• •Operators must document the measures they take to address online harms.
• •Users over 16 will get new tools to turn off algorithm-driven content.

The Greens' demands

Sarah Hanson-Young said the laws should do more to address the addictive nature of platforms, and argued they must give Australians harmed online the ability to sue and seek compensation. "To meaningfully change the behaviour of big tech companies, the digital duty of care laws must include the right for Australians" to take legal action, she said, adding that "individuals and the community need to have the right to take on big tech through a private right of action."

On penalties, she warned the proposed fines are too small to change tech giants' behaviour. "Fines for breaches must be tied to a percentage of global revenue," she said.

Coalition opposition and Wells' pledge

Shadow communications spokesperson Sarah Henderson warned on Sunday, at the Conservative Political Action Conference, that the duty of care laws could restrict free speech. "Your freedom of speech questions authority, to challenge government, to expose injustice, and above all, the freedom to disagree," she said.

Communications minister Anika Wells has pledged to work constructively with the Greens and any other party to deliver basic safety standards. "Some of them have had 15 years to do it of their own accord. They haven't, so now we're going to legislate" safety by design, she said.

First test under a new Greens leader

The negotiations will be the first under new Greens leader David Shoebridge, who has flagged a tougher approach than his predecessor, Larissa Waters - one that could frustrate the government's agenda in the second half of the year.

Shoebridge is also expected to introduce a bill this week to stop the importation of so-called "pervert glasses" and other wearable technology, while Labor wants progress on its remaining budget bills, including moves to make tax treatment for trusts less generous. Wells is due to address the National Press Club on Thursday as negotiations continue.