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Home Government & Policy

Australia moves to outlaw emotional manipulation by AI chatbots

Tom Mercer by Tom Mercer
October 31, 2026
in Government & Policy
0
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Photo: Dietmar Rabich / Wikimedia Commons (CC BY-SA 4.0)

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Australia has long positioned itself as a middle power willing to move first on thorny questions of digital regulation, from social media age limits to online safety codes. The latest step pushes into territory that most governments have barely begun to map: not what an artificial intelligence says, but how it is engineered to make people feel.

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According to a report published by Tech Times, Australia is taking a world-first approach that treats the emotional manipulation built into conversational AI as a design problem to be regulated, rather than something to be policed after the fact. The focus falls on companion bots, virtual friends and romance-style apps that are engineered to keep users talking, often by simulating affection, dependency or urgency.

From content to design

The significance here is less about any single banned phrase and more about where the line is being drawn. Most AI rules around the world concentrate on outputs: misinformation, hate speech, deepfakes, unsafe advice. Targeting design pushes the question upstream, to the choices product teams make when they decide how a bot should behave. That includes the techniques that keep someone chatting past the point of benefit, the manufactured sense that the bot cares, and the nudges that discourage a user from logging off.

Researchers who study persuasive technology have warned for years that these patterns are not accidental. The same engagement-maximising logic that shaped social media feeds has migrated into chatbots, which can now hold fluent, personalised conversations that feel intimate. When a product is built to be emotionally sticky, the harm is structural rather than incidental, and that is precisely the gap an approach like Australia’s is trying to close.

It also sits alongside a run of Australian moves to put guardrails around conversational AI aimed at young or vulnerable people. The eSafety Commissioner has been developing enforceable industry codes that reach AI companion services, including expectations around age assurance and protections for minors, while the federal government has consulted on mandatory guardrails for high-risk AI. A design-led standard for emotional manipulation would knit neatly into that broader architecture.

Two ways to read the move

Supporters frame this as overdue consumer and child protection. Clinicians and online safety advocates have grown increasingly uneasy about companion apps marketed to lonely teenagers and isolated adults, warning that a bot designed to never let go can deepen dependency rather than relieve it. On that view, regulating the design is the only honest response, because asking users to simply exercise willpower against a system built to override it is a losing proposition. The logic mirrors how regulators eventually treated gambling mechanics and dark patterns in app design: the burden shifts onto the people building the product.

Industry and some legal voices see real complications. Emotional manipulation is far harder to define in legislation than, say, a false claim or an illegal image. A warm, encouraging tone is a feature in a mental health support tool and a hazard in a predatory romance app, and the difference often lies in intent and context rather than the words themselves. Critics worry that a broad standard could sweep in legitimate products, create compliance uncertainty for start-ups, and invite litigation over where helpful personalisation ends and manipulation begins. There is also the perennial question of enforcement against overseas developers whose apps are downloaded in Australia but who have no local presence.

Both readings can be true at once. A rule that is too vague risks chilling useful innovation, while a rule that is too narrow is trivially easy to design around. The test will be whether Australia can articulate the prohibited conduct clearly enough that a product team knows, before launch, which design choices cross the line.

What it means for Australia

For Australian developers, this is a signal to bake safety and honesty into the product from the first sprint rather than bolting it on before release. That favours teams that can document their design decisions, show how they test for manipulative patterns, and demonstrate that engagement metrics are not the only thing they optimise for. Compliance of this kind is easier for well-resourced firms and harder for small studios, which raises a familiar tension in local policy: protecting people without pricing emerging companies out of the market.

There is a strategic upside too. If Australia defines workable standards for ethical conversational AI, it exports a template that other jurisdictions can borrow, much as its online safety framework has been studied abroad. A clear local rulebook can become a selling point, letting Australian AI companies market trustworthiness as a differentiator in a global field crowded with products that treat emotional stickiness as a growth hack.

For the millions of Australians already chatting with AI assistants, companion apps and customer service bots, the practical effect should be subtler products that are less engineered to exploit loneliness, anxiety or the simple human reluctance to end a conversation. That matters most for children and for people in distress, the two groups most often cited in the debate and least able to recognise when a system is working on their feelings.

What’s next

The hard work now is in the detail: how the conduct is defined, which products fall inside the net, what evidence regulators will expect from developers, and how penalties and enforcement will reach offshore operators. Expect close attention from the technology industry, mental health organisations and civil liberties groups as any accompanying guidance is drafted, and expect international regulators to watch how Australia handles the definitional puzzle that has so far kept others on the sidelines. The underlying shift, treating manipulative design as the regulated harm, is likely to outlast the specifics of any one Australian measure.

Sources: Tech Times (via GNews).

Tags: AI ethicsAI regulationChatbotseSafetyNationalOnline Safety
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Tom Mercer

Tom Mercer

Tom covers enterprise AI adoption, government and policy for FluentSea.

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