Online Safety Act 2021

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Online Safety Act 2021
Coat of arms of the Commonwealth of Australia.svg
Parliament of Australia
  • An Act relating to online safety for Australians, and for other purposes
Citation No. 76, 2021
Considered by Australian House of Representatives
Considered by Australian Senate
Legislative history
First chamber: Australian House of Representatives
Introduced by Paul Fletcher MP, Minister for Communications, Urban Infrastructure, Cities and the Arts
First reading 24 February 2021
Second reading 16 March 2021
Third reading 16 March 2021
Second chamber: Australian Senate
Member(s) in charge Jane Hume, Minister for Superannuation, Financial Services and the Digital Economy
First reading17 March 2021
Second reading22 March 2021
Third reading22 June 2021
Status: Amended

The Online Safety Act 2021 is a law passed by the Parliament of Australia with the goal of improving online safety.

Contents

Background

In September 2019 the eSafety Commissioner issued a directive to internet service providers in Australia, requiring them to continue blocking websites hosting the video of the Christchurch mosque shootings. [1]

Until the act, the eSafety Commissioner did not have formal powers enshrined in law. [2]

Provisions

The act extends the remit of the eSafety Commissioner to include adult bullying and image-based abuse. [3]

Implementation

In August 2021, the Australian Government opened its consultation on the Online Safety (Basic Online Safety Expectations) Determination 2021, a set of more detailed rules regarding how the law would be implemented in relation to encryption. [4]

In 2024, the Australian Government published the Online Safety (Relevant Electronic Services—Class 1A and Class 1B Material) Industry Standard 2024 which contains criteria relating to which content must be removed. [5] Class 1A material typically refers to content relating to child exploitation and pro-terror content. [5] Class 1B material refers to content including extreme violence, content related to the promotion of crime, and content related to illegal drugs. [5]

In 2025, was revealed in a court case that under the powers granted by the Act, that removal notices were being issued to social media companies for non-infringing content. [6] The office of the e-Safety commissioner, which is responsible for submitting such notices, raised the argument that as the notice for removal was lodged for non-infringing content, that it was in fact not a removal notice and hence should not be subject to administrative review. Companies in receipt of these non-removal removal notices had no manner for distinguishing between legally enforceable removal notices (for which failure to comply is an offense under the Act) and non-enforceable notices for which the Act provides no provision.

Amendments

The act was notably amended by the Online Safety Amendment (Social Media Minimum Age) Act 2024 to restrict the use of social media by minors under the age of 16. [7]

See Also

References

  1. ↑ Barbaschow, Asha (22 December 2020). "Rapid website-blocking power for violent material proposed for eSafety Commissioner". ZDNET. Archived from the original on 24 February 2021. Retrieved 30 July 2025.
  2. ↑ Barbaschow, Asha (27 May 2021). "eSafety prepares for Online Safety Act with AU$3m software pilot and 20 new staff". ZDNET. Archived from the original on 30 July 2025. Retrieved 30 July 2025.
  3. ↑ Taylor, Josh (1 May 2024). "Australia's online safety regulator has drawn a line in the sand for X. Will she prevail?". The Guardian . Archived from the original on 10 May 2024. Retrieved 29 July 2025.
  4. ↑ Stilgherrian (11 August 2021). "Why Australia's Online Safety Act is an abdication of responsibility". ZDNET . Archived from the original on 12 August 2021. Retrieved 29 July 2025.
  5. 1 2 3 Cover, Rob (21 May 2025). "What's the obscure Australian online safety standard Elon Musk's X is trying to dodge in court? An expert explains". The Conversation . Archived from the original on 21 May 2025. Retrieved 30 July 2025.
  6. ↑ Baumgarten and eSafety Commissioner [2025] ARTA 59 at 37(5 February 2025), Australia)
  7. ↑ Jose, Renju and Kaye, Byron (28 November 2024). Paul, Sonali and Mayberry, Kate (eds.). "Australia nears social media ban for children after heated debate". Reuters . Sydney, Australia. Archived from the original on 27 November 2024. Retrieved 28 November 2024.
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