Table of Contents
- Who Does the Act Apply To?
- What Does the Act Seek to Prevent?
- What Does the Act Implement?
- Basic Online Safety Expectations (‘BOSE’)
- What if Someone Posts Illegal Content on My Platform?
- What Powers Does the eSafety Commissioner Have?
- What Should I Do if the Act Applies to Me?
- Key Takeaways
- Frequently Asked Questions
Australia’s new online safety legislation requires online service providers to monitor and minimise online harm on their platforms. The Online Safety Act 2021 (‘Act’), which came into force on 23 January 2022, seeks to improve and promote online safety for Australians by establishing categories of illegal conduct online. Accordingly, this article provides an overview of the Act and shares important information with service providers who might not know their obligations under the new scheme.
Who Does the Act Apply To?
The Act applies to a range of online service providers whose services are accessed by end-users in Australia. For example, this may include:
- social media service providers (being platforms that enable online social interaction between two or more end-users);
- electronic service providers (including messaging platforms (such as Whatsapp, and Viber), email providers (such as Outlook, and Gmail), app distribution platforms and online gaming platforms;
- internet and hosting service providers; and
- end-users of online platforms.
What Does the Act Seek to Prevent?
In summary, the Act seeks to prevent online harm, including cyber-bullying against an Australian child. Furthermore, it addresses:
- cyber-abuse against an Australian adult;
- the non-consensual sharing of intimate images; and
- broader material that depicts ‘abhorrent violent conduct’.
What Does the Act Implement?
Overall, the Act establishes general industry standards which online service providers and end-users must comply with. Accordingly, the eSafety Commissioner enforces the Act and has the power to:
- administer a complaints system;
- monitor online content Australians access; and
- enforce penalties against individuals and corporations for non-compliance.
Basic Online Safety Expectations (‘BOSE’)
The Act introduces industry standards that online service providers must comply with.
What if Someone Posts Illegal Content on My Platform?
If someone posts illegal content on your platform, you have an obligation to remove the content as soon as possible. Suppose an end-user of your platform submits a complaint and requests you to remove certain material. Accordingly, you must respond to that complaint within 48 hours. If you fail to do so, the end-user may contact the eSafety Commissioner, who has the power to investigate the complaint.
What Powers Does the eSafety Commissioner Have?
If the eSafety Commissioner investigates a complaint made against you by an end-user, you must cooperate with the investigation and provide relevant information.
If the commissioner finds that there has been a breach of the Act, they can order the following:
- a removal notice requiring you to remove illegal material from your platform within 24 hours;
- a blocking notice (requiring you to block a URL, domain name or link for up to 3 months); and
- an app removal notice (requiring you to remove an app from your platform).
You can also be asked to issue an apology to the end-user and be liable to pay a fine ranging from $20,000 for breaches by individuals to $500,000 for breaches by corporations. Furthermore, if a service provider continually breaches the Act, they can be named on a public register and in the Commissioner’s public reports.
What Should I Do if the Act Applies to Me?
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Key Takeaways
In summary, the online safety act applies to you as an online service provider, you must be familiar with your obligations under the law. Thus, you should consider updating existing processes, or establishing new processes, to ensure that you are minimising online harm, being responsive to complaints by end-users, and complying with notices from the eSafety commissioner.
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Frequently Asked Questions
The Online Safety Act 2021 seeks to improve and promote online safety for Australians by establishing categories of illegal conduct online.
These are the standards which online service providers must comply with. It includes the requirement to ensure end-users can access the service safely, to take steps to minimise harm and bullying, have a complaints process and maintain accurate complaints and breach records.
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