Modern Australian
The Times

Do we need a new law for AI? Sure – but first we could try enforcing the laws we already have

  • Written by Edward Santow, Professor & Co-Director, Human Technology Institute, University of Technology Sydney
Do we need a new law for AI? Sure – but first we could try enforcing the laws we already have

Regulation was once a dirty word in tech companies around the world. They argued that if people wanted better smartphones and flying cars, we had to look past dusty old laws dreamed up in the pre-internet era.

But something profound is afoot. First a whisper, and now a roar: the law is back.

Ed Husic, Australia’s federal minister responsible for tech policy, is leading a once-in-a-generation review of Australian law, asking Australians how our law should change for the AI era. He recently told the ABC, “I think the era of self-regulation is over.”

Sure, there were caveats. Husic made clear that regulation for AI should focus on “high-risk elements” and “getting the balance right”. But the rhetorical shift was unmistakable: if we had allowed the creation of some kind of digital wild west, it must end.

Tech companies demand regulation – but why?

One moment might sum up the dawn of this new era. On May 16, Sam Altman – chief executive of OpenAI, the company responsible for ChatGPT – declared in the US Congress, “regulation of AI is essential”.

On its face, this seems like a stunning transformation. Less than a decade ago, Facebook’s motto was “move fast and break things”. When its founder, Mark Zuckerberg, uttered those words he spoke for a generation of Silicon Valley tech bros who saw the law as a handbrake on innovation.

Reform is urgent, and so we need to seize this moment. But first we should ask why the tech world has suddenly become enamoured with regulation.

One explanation is tech leaders can see that, without more effective regulation, the threats associated with AI could overshadow its positive potential.

We have recently had tragic reminders of the value of regulation. Think of OceanGate, the company behind the Titanic-seeking submersible that disintegrated earlier this year, killing everyone on board. OceanGate avoided safety certification because “bringing an outside entity up to speed on every innovation before it is put into real-world testing is anathema to rapid innovation”.

Maybe there has been a genuine change of heart: tech companies certainly know their products can harm as well as help. But something else is also at play. When tech companies call for governments to make laws for AI, there is an unstated premise: currently, there are no laws that apply to AI.

But this is plain wrong.

Existing laws already apply to AI

Our current laws make clear that no matter what form of technology is used, you cannot engage in deceptive or negligent behaviour.

Say you advise people on choosing the best health insurance policy, for example. It doesn’t matter whether you base your advice on an abacus or the most sophisticated form of AI, it’s equally unlawful to take secret commissions or provide negligent advice.

Read more: Calls to regulate AI are growing louder. But how exactly do you regulate a technology like this?

A significant part of the problem in the AI era is not the content of our law, but the fact it is not consistently enforced when it comes to the development and use of AI. This means regulators, courts, lawyers and the community sector need to up their game to ensure human rights and consumer protections are being enforced effectively for AI.

This will be a big job. In our submission to the government’s AI review, we at the University of Technology Sydney Human Technology Institute call for the creation of an AI Commissioner – an independent expert advisor to government and the private sector. This body would cut through the hype and white noise, and give clear advice to regulators and to businesses on how to use AI within the letter and spirit of the law.

Australia needs to catch up with the world

Australia has experienced a period of extreme policy lethargy on the AI front. While the European Union, North America and several countries in Asia (including China) have been creating legal guardrails, Australia has been slow to act.

In this context, the review of regulation for AI is crucial. We shouldn’t mindlessly copy other jurisdictions, but our law should ensure parity of protection for Australians.

This means the Australian parliament should adopt a legal framework that is suitable for our political and legal system. If this means departing from the EU draft AI Act, all well and good, but our law must protect Australians from the risks of AI at least as effectively as people are protected in Europe.

Read more: EU approves draft law to regulate AI – here's how it will work

Personal information is the fuel for AI, so the starting point should be to update our privacy law. The Attorney-General’s Department has published a review that would modernise our privacy law, but we are yet to see any commitment for change.

Reform is particularly urgent for high-risk uses of AI, such as facial recognition technology. A series of investigations by CHOICE has shown companies are increasingly using this tech in shopping centres, sports stadiums and in the workplace – without proper protection against unfairness or mass surveillance.

There are clear reform solutions that enable safe use of facial recognition, but we need political leadership.

Government needs to get AI right

Government must also set a good example. The Robodebt Royal Commission showed in harrowing detail how the federal government’s automated system of recovering debts in the welfare system went horribly wrong, with enormous and widespread harm to the community.

The lesson from this experience isn’t that we should throw out all the computers. But it does show we need clear, strong guardrails that ensure government leads the way in using AI safely and responsibly.

Authors: Edward Santow, Professor & Co-Director, Human Technology Institute, University of Technology Sydney

Read more https://theconversation.com/do-we-need-a-new-law-for-ai-sure-but-first-we-could-try-enforcing-the-laws-we-already-have-211369

What’s Trending in Men’s Jewellery This Father’s Day!

Finding a Father’s Day gift that feels personal, stylish and genuinely wearable is not always easy. While socks and novelty mugs have traditionall...

Road Signs: Understanding Their Role in Clear and Effective Signage

Effective signage and display hardware can help businesses communicate information, promote products and organise customer or visitor movement. Road...

Bottle Label Printing: Key Factors to Consider Before Your Next Packaging Run

Effective packaging begins with understanding the product, bottle material, artwork and production requirements when planning bottle label printing. H...

Planning a Long-Distance Move With Interstate Movers Melbourne

Moving between states involves more planning than a typical local relocation. Along with packing and transporting household belongings, you need to...

Understanding the Role of an I/O Controller in Industrial Automation

Modern industrial systems depend on accurate communication between sensors, machines and control systems. An I/O controller can help manage this commu...

How the Right Mining Hose Supports Demanding Operations

Mining environments place considerable demands on equipment used for material transfer, water management and processing. Hoses operating in these co...

Simple Ideas for Making Social Gatherings More Memorable

We have all been to those parties where everyone just stands around the kitchen island, staring at their phones, waiting for someone else to make a mo...

Outdoor Wall Lights: Improving Exterior Lighting Around Your Home

Lighting can influence how a room looks, feels and functions, so the right fitting should be selected according to both appearance and practical req...

Commercial Office Cleaning: Combining Routine Office Cleaning With Melbourne Service

Keeping a workplace clean requires a service that can accommodate everyday tasks as well as the particular needs of the business. Professional comme...

Caravan Sales in Queensland: How to Find the Right Caravan for Sale QLD

Caravan ownership is about more than having somewhere to sleep while travelling. For many Queenslanders, it is one of the best ways to explore regio...

What Sir Walter Buffalo Turf Actually Costs in 2026 (And Why Quotes Vary So Much)

Two quotes landed on a Hills District homeowner's kitchen table last spring for the exact same 80-square-metre backyard. One said $12 a metre. The o...

Nearly 1,300 NSW Hospital Beds Are Occupied By People Who Are Ready To Go Home

1,276 people in NSW hospitals have been medically cleared for discharge but remain in hospital because they're still waiting for NDIS or aged care sup...

National Survey Launched to Measure Operational Impacts of Federal NDIS Policy Reforms

The effects of recent NDIS reforms are beginning to move beyond policy papers and into day to day service delivery. A new national survey is asking ...

Beyond the Nappy Cake: Baby Shower Gifts That Get Used

What new Australian parents unwrap, keep, and quietly thank you for months later. Six weeks after my daughter was born, I did an audit of the baby sh...

Parent-Advocates Are Reshaping Frontline Disability Service Delivery

Parents have always been part of the disability sector. They advocate, coordinate services, challenge decisions and often become the person holding ev...

Vista Cruises Enters "Two-Flagship Era" as Vista Aurora Completes Inaugural Voyage

Vista Aurora Sets Sail along the Yangtze. (Photo courtesy of the company)YICHANG, China — August 5, 2026 — Vista Aurora, a high-end interprovinc...

A Digital Preparation Checklist For International Medical Conferences

An international medical conference compresses many responsibilities into a few days. A delegate may need to present research, move between venues, ...

The Growing Popularity of Lab Grown Diamonds in Sydney and Hong Kong

The diamond industry has changed significantly in recent years as more buyers seek ethical, affordable, and sustainable alternatives to mined diamon...