Australian Human Rights Commission Human Rights in the Digital Age: Additional Material Submitted to the UN Global Digital Compact, 30 April 2023 enforcing a moratorium at such short notice. The inability of legislation and regulation to respond in a timely manner to new and emerging technologies is disappointing. However, countries should still pursue legislative responses aimed at regulating AI. 64. It is important to note that some have indicated that regulation may stymie innovation in the AI space. However, the Commission would emphasise that not all regulation is anti-innovation. In fact, it is often the case that regulation may stimulate innovation and promote, rather than restrict, new activity.44 4.4 Safety by design 65. The Compact should consider upstream solutions to the risks of AI in the design and development phases of AI products. This mitigates the risk of harms occurring at later stages when AI products are deployed. 66. The Commission would point to the eSafety Commissioner’s work in ensuring that technology companies apply Safety by Design. This initiative positions individual user safety and rights as a central component in the design and deployment of digital products and services.45 It seeks to alter the technology industry’s ‘move fast and break things’ ethos. 46 67. Safety by Design includes a set of three fundamental Safety by Design principles: • Service provider responsibilities: The burden of safety should never fall solely upon the user. Online service providers must take reasonable steps to ensure a safe digital environment for users, in addition to having clear ways for individuals to lodge complaints. • User empowerment and autonomy: The dignity of users is of central importance. Products and services should align with the best interests of all users online. • Transparency and accountability: Transparency and accountability are hallmarks of a robust approach to safety. This ensures product and service providers operate in accordance with their published safety objectives, and assists in educating and empowering users about how they can address safety concerns.47 68. This initiative is heavily influenced by human rights, digital ethics and the need to design online environments which are human-centric.48 As all countries grapple with the risks posed by the meteoric rise of technological advancements, Safety by Design should be proactively considered during the design and development of products and services. 16