Regulatory information

The Australian government enacted the Online Safety Act 2021 to better equip eSafety to prevent and address current and future online harms in a rapidly changing environment.

The Act enhanced eSafety’s regulatory schemes for dealing with the cyberbullying of children, image-based abuse, and illegal or restricted online content, while also introducing a new scheme for dealing with adult cyber abuse.

Our Regulatory guidance documents explain how eSafety implements each of the regulatory schemes included in the Act.

A key element of the Act is the Basic Online Safety Expectations, known as ‘the Expectations’. They outline the Australian Government’s expectations for a broad range of online services. By empowering eSafety to request or require information about how services are meeting the Expectations, the Act can help drive greater transparency and accountability.

Find more information about the Basic Online Safety Expectations in the regulatory guidance for providers, as well as the notices which have been issued, and the responses to notices. 

Six industry codes regulate Class 1A and 1B material, covering the most seriously harmful online content such as videos showing the sexual abuse of children and pro-terror material. 

Five codes were registered on 16 June 2023 and came into effect on 16 December 2023: 

• social media services
• internet carriage services (also known as internet service providers)
• equipment providers
• app distributors 
• hosting services.

A code covering search engine services was registered on 12 September 2023 and came into effect on 12 March 2024.

The eSafety Commissioner declined to register two draft industry codes addressing class 1A and class 1B material, for relevant electronic services and designated internet services. Industry standards for these sections were registered on 21 June 2024 and will come into effect on 22 December 2024.

The second phase of industry codes development, focusing on class 1C and class 2 material such as online pornography that is inappropriate for children, formally commenced on 1 July 2024. eSafety has published a position paper and issued notices to industry associations requesting them to develop and submit draft codes for registration by 19 December 2024. 

Read more about:

• the Phase 1 Industry Codes Regulatory Guidance and the consultation on the Phase 1 industry standards
• the Phase 2 industry codes development process (in our Phase 2 position paper).

You can also make a complaint to eSafety if you believe an online service is not complying with a registered industry code or, after 22 December 2024, industry standard for online safety.

Safety by Design is an initiative that puts user safety and rights at the centre of design and development of online products and services.

Rather than retrofitting safeguards after a harm has occurred, Safety by Design focuses on how technology developers and service providers can prevent online harms by anticipating, detecting and eliminating risks for users before their products and services reach the market and throughout their lifecycle.

This proactive approach focuses on embedding safety into the culture, leadership and processes of industry participants. It emphasises accountability and aims to foster more positive, civil and rewarding online experiences for everyone.