New legal requirements for online safety to protect children released for consultation today
22 October 2024 | JOINT INDUSTRY ASSOCIATION MEDIA RELEASE
Australia’s peak communications, digital and video game industry associations will today release the next phase of the Draft Online Safety Codes for community consultation. These codes are designed to protect children from exposure to online pornography and other harmful content.
The next phase of the Draft Online Safety Codes are available at onlinesafety.org.au and will apply to Australia’s digital, communications and video game sectors. Following public comment, the Draft Codes will be finalised and submitted for registration to the Federal Government’s eSafety Commissioner. If accepted for registration, the Draft Codes become enforceable under the Online Safety Act 2021 (Cth) (OSA).
Dr. Jennifer Duxbury, Director Policy, Regulatory Affairs, and Research, DIGI, said the development of the next phase of the Draft Online Safety Codes was a critical step forward in keeping Australia’s children and young people safe from online pornography and other ‘class 2’ material, which is identified under the National Classification Scheme as being inappropriate for children.
“Keeping our children safe online is a key priority for industry, parents and government, and it’s an important objective requiring a joint effort by all involved.
“The Draft Safety Codes we’ve released today are a joint effort between companies committed to online safety and Government to strengthen safeguards for minors when it comes to online pornography and age-inappropriate content.
“The key principles of these codes are to protect and support children, provide all end users, including parents, with more control over what their children see, read and hear, protect privacy and online safety.
“The internet is an integral part of our daily lives. For children and young people, it’s vital for their education, leisure and connection with their friends and online communities.
“Importantly, the Draft Online Safety Codes will also include measures such as how digital platforms will approach age assurance.
“Once finalised, these Draft Safety Codes will make an invaluable contribution to protecting children from online pornography and other harmful content.
“We encourage all stakeholders, including consumer organisations, civil society groups, academics, industry, parents and community members, to have their say on the Draft Codes and provide feedback.”
In July 2024, the eSafety Commissioner requested that industry develop the Codes, with a deadline of December 19, 2024. The development and potential registration of the Codes is separate and in addition to the requirements in relation to the Basic Online Safety Expectations, the ongoing review of the Online Safety Act 2021 and recently proposed amendments to the Act in relation to age restrictions.
Following this process, the eSafety Commissioner will consider the final versions of the Draft Safety Codes for registration. If registered, they will become enforceable by the Commissioner for all eight sections of the industry, including providers of social media, messaging services, search engine and app distribution services, as well as internet and hosting service providers, and manufacturers, relevant electronic services (including dating apps, messaging services and certain gaming services), designated internet services (including pornography websites), and suppliers of any equipment that connects to the internet, including smart devices and computers. Notably, the Codes are required to cover operators of all websites that Australian users can access.
The development of industry codes under the Online Safety Act 2021
The Online Safety Act 2021 requires the development of codes by industry associations to regulate certain types of online material. The draft Consolidated Industry Codes of Practice for the Online Industry, Phase 2 (class 2 material) (Draft Codes) have been developed by five associations representing the online industry in Australia and have been informed by input from the Office of the eSafety Commissioner reflected in its July 2024 Position Paper.
The associations represent different parts of the online industry and, together in consultation with their members and other companies, have developed the Draft Codes. These organisations are the Australian Mobile Telecommunications Association (AMTA), Communications Alliance, the Consumer Electronics Suppliers Association (CESA), the Digital Industry Group Inc. (DIGI), and the Interactive Games and Entertainment Association (IGEA).
The Draft Codes and an accompanying explanatory memorandum can be downloaded at www.onlinesafety.org.au.
Submissions on the Draft Codes can be lodged via the website and will be accepted until 11:59pm AEDT, 22 November.
Media enquiries should be directed to Darren Rodrigo – darren@theshapeagency.com.au
Background on industry codes under the OSA
Under the Online Safety Act 2021, industry associations developed eight codes of practice to protect Australians from Class 1A and 1B content under Australia’s classification scheme and submitted those to the Office of the eSafety Commissioner with a request for registration.
On 16 June 2023, the eSafety Commissioner registered five of the industry-drafted codes for these sections of the online industry. On 12 September 2023, the Commissioner registered a sixth Code, which had been revised to reflect developments in generative AI.
These codes create community protections for Australians in relation to materials such as child sexual exploitation material, pro-terror content, and extreme crime and violence. The codes become enforceable six months after registration. The Office of the eSafety Commissioner has made two additional industry standards for the sections of the industry covered in the codes that were declined for registration, i.e. relevant electronic services and designated internet services.
Phase two of the industry codes aims to protect Australian children from access or exposure to online pornography and other ‘class 2’ material, which is identified under the National Classification Scheme as being inappropriate for children.
About the industry associations
The Australian Mobile Telecommunications Association (AMTA) (amta.org.au) is the peak body and trusted voice of the mobile telecommunications industry in Australia. Its members span telecommunications carriers, network vendors, infrastructure providers, handset manufacturers, and other smaller providers. Its mission is to promote an environmentally, socially and economically sustainable mobile telecommunications industry in Australia.
Communications Alliance (commsalliance.com.au) is Australia’s primary communications industry body, representing carriers, carriage and internet service providers, content providers, platform providers, equipment vendors, IT companies, consultants and business groups. The prime mission of the Communications Alliance is to create a cooperative stakeholder environment that allows the industry to take the lead on initiatives that grow the Australian communications industry, enhance the connectivity of all Australians and foster the highest standards of business behaviour.
The Consumer Electronics Suppliers Association (CESA) (cesa.asn.au) provides a united forum and voice for suppliers of consumer appliances to focus on regulatory, technical and commercial issues that affect the capacity of member companies to supply products in the Australian market.
The Digital Industry Group Inc. (DIGI) (digi.org.au) is a non-profit industry association that advocates for the interests of the digital industry in Australia. DIGI’s vision is a thriving Australian digitally-enabled economy that fosters innovation, a growing selection of digital products and services, and where online safety and privacy are protected.
The Interactive Games & Entertainment Association (IGEA) (igea.net) is the industry association representing and advocating for the video games industry in Australia, including the developers, publishers and distributors of video games, as well as the makers of the most popular games platforms, consoles and devices. IGEA has over a hundred members, from emerging local game development studios to some of the largest technology companies in the world.