US criticises Australia's proposed algorithm opt-out laws as 'censorship'

The US has criticised Australia's proposal to give users the ability to opt out of social media algorithms, saying it amounts to "censorship of protected speech".

Under Australia's draft digital duty of care laws, tech firms risk hefty fines if they fail to give users the option to turn off algorithms in a bid to protect them from harmful content.

In a rare submission to the proposed laws, the US embassy in Canberra said it had "serious concerns" and allowing the government to "enforce vague definitions of 'harm'" would lead to "viewpoint-based censorship".

Australian Prime Minister Anthony Albanese said the legislation was not about giving governments control but giving it back to individuals.

"We ask that Australia clarify how exactly 'harm' and 'risks' shall be determined... ensuring these definitions do not encroach on protected speech," the US said in its submission.

The US also claimed that the proposed laws may risk "reducing the reach of independent journalists or other voices whose content touches on sensitive or controversial topics" if tech firms had to "pre-emptively demote" them.

An opt-out option would "allow regulators to impose rigid, one-size-fits-all platform design requirements" on tech firms and this could affect users outside of Australia, it said.

"Mandated platform design features, especially when applied to algorithms, may affect what users see, say, and hear not just in or from Australia, but globally."

The US also called on Australia to address industry concerns that the "biases and preferences" of government officials do not "disadvantage independent or minority-viewpoint speech".

Another worry was that the proposed laws could affect Australia's "reputation as a jurisdiction that enables innovation," the submission said.

The criticism comes during Albanese's visit to the US to speak at the UN's General Assembly about his government's tech policies.

On Tuesday, local time in New York, Albanese responded to the criticism and claims of the proposed laws being government overreach.

"It's not about giving government control," he told the media in New York.

"It's about giving people back control over what they receive on their devices."