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  Key online safety measures and status

Key online safety measures

Status

Additional commentary regarding status

Online Safety Act 2021 (the "Act")

Law

Received Royal Assent on 23 July 2021.

Primarily introduced a framework for the Minister to develop and enforce the Basic Online Safety Expectations and the Industry Codes, and introduced the online content, intimate images and cyber-bullying/cyber-abuse schemes.

Basic Online Safety Expectations 2022

Law

Registered in 2022 and then amended in May 2024 to address developments in generative AI.

Industry Codes / Industry Standards

Law

Phased approach to the development of Industry Codes and Industry Standards. Phase 1 primarily focused on child sexual exploitation material and pro-terror material.

Industry consultation for phase 2 (which captures content such as online pornography) is currently underway.


  Key concepts

   Scope of online safety measure(s)

The regulations apply to a broad range of online service providers, including social media, internet carriage services, online games, apps and websites. 


   Online harms addressed

The Act focuses on minimising harm in relation to cyber bullying/abuse, child exploitation and abhorrent violent content, but also includes harm-agnostic measures (such as proactive moderation obligations and minimum age requirements). 


   Territorial scope

The Act protects end-users who are accessing content from Australia, regardless of whether the online service provider has a physical Australian presence.


   Penalties and enforcement

Wide enforcement powers including financial penalties (up to AUD $49.5m), content removal and blocking notices and enforceable directions.



  Key takeaways
 

Extra-territorial application of the regulations

Broad application to many online service providers (not just social media, search engine or communication services)

Regulations require proactive approaches to minimise online harm (for example, mandatory moderation)

Recent Online Safety Amendment (Social Media Minimum Age) Bill 2024 will require social media platforms to prevent users under 16 from accessing the service


Key contacts

Kwok Tang photo

Kwok Tang

Partner, Sydney

Kwok Tang
Leon Chung photo

Leon Chung

Partner, Sydney

Leon Chung
Rachel Holland photo

Rachel Holland

Solicitor, Sydney

Rachel Holland

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TMT Disputes Technology, Media and Entertainment, and Telecommunications Technology, Media and Telecoms Kwok Tang Leon Chung Rachel Holland