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Enforcement action

This page outlines enforcement action taken by eSafety when an industry code or standard has been breached.

eSafety has a range of enforcement options to address non-compliance including:

  • issuing and publishing directions to comply
  • issuing and publishing formal warnings
  • issuing infringement notices
  • seeking a court-ordered civil penalty or injunction.

Read more about Federal Court proceedings involving eSafety.

You can also make a complaint about any potential non-compliance with an industry code or standard.

Service: Telegram

Date: 29 July 2026

Provider: Telegram FZ-LLC or Telegram Messenger, Inc.  

Code or standard: Online Safety (Relevant Electronic Services – Class 1A and Class 1B Material) Industry Standard 2024

Description of alleged non-compliance:

  • Section 13(2)(b) and/or Section 13(7)(c): failure to have Terms of Service that prohibit users from accessing or distributing class 1A material (specifically, pro-terror material) on all parts of the service.
  • Section 14(2): failure to minimise the risk of future breaches after becoming aware of class 1A material on its service.
  • Section 15(2): failure to remove class 1A material as soon as practicable after becoming aware of it.
  • Section 20(2): failure to detect and remove known pro-terror material.
  • Section 21(2): failure to effectively disrupt and deter the distribution of pro-terror material.
  • Section 29(2)(b): failure to take appropriate and timely action to investigate reports of instances of Class 1 material.
  • Section 29(4): failure to inform users who have reported class 1 material of the outcome of their complaints.

Outcome:

The matter is before the court.

Service: Name withheld on public safety grounds

Date: 16 June 2026.

Provider: Name withheld on public safety grounds.

Code or standard: Designated Internet Services Online Safety Code (Class 1C and Class 2 Material).

Description of non-compliance:

  • Clause 10.1: Age assurance measures for generation of generative AI restricted category of material.
  • Clause 10.19: Age assurance measures for access and exposure to online pornography.

Outcome:

Service: Name withheld on public safety grounds

Date: 19 May 2026.

Provider: Name withheld on public safety grounds.

Code or standard: Designated Internet Services Online Safety Code (Class 1C and Class 2 Material).

Description of non-compliance:

  • Clause 10.1: Age assurance measures for generation of generative AI restricted category of material.
  • Clause 10.19: Age assurance measures for access and exposure to online pornography.

Outcome:

Service: Name withheld on public safety grounds

Date: 2 September 2025.

Provider: Name withheld on public safety grounds.

Code or standard: Online Safety (Designated Internet Services – Class 1A and 1B Material) Industry Standard 2024.

Description of non-compliance:

  • Section 22: Disrupting and deterring child sexual exploitation material.
  • Section 26: Giving information about the Commissioner to end-users in Australia.

Outcome:

Service: OmeTV

Date: 20 August 2025.

Provider: Bad Kitty's Dad, LDA.

Code or standard: Online Safety (Relevant Electronic Services – Class 1A and 1B Material) Industry Standard 2024.

Description of non-compliance: 

  • Section 18: Safety features and settings
  • Section 26: Responding to communications from, and referring certain unresolved complaints to, the Commissioner.

Outcome: