Online Safety Act 2021

Last updated

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 Online Safety Act 2021 (Cth) (No. 76, 2021)
Considered by House of Representatives
Considered by Senate
Legislative history
First chamber: House of Representatives
Introduced by Paul Fletcher
First reading 24 February 2021
Second reading 16 March 2021
Third reading 16 March 2021
Second chamber: Senate
Member(s) in charge Jane Hume
First reading17 March 2021
Second reading22 March 2021
Third reading22 June 2021
Amended by
Online Safety Amendment (Social Media Minimum Age) Act 2024
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

Encryption

In August 2021, the 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 end-to-end encryption on messaging services such as iMessage, WhatsApp, and Signal. Critics of the law argued that it was impossible for tech companies to detect unlawful content in encrypted messages without compromising user privacy or putting users data at risk of being hacked. [4] [5] eSafety Commissioner Julie Inman Grant has maintained the position that end-to-end encryption does not absolve services of responsibility for hosting or facilitating online abuse or the sharing of illegal content, particularly online child exploitation. [6]

Censorship

In 2024, the 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. [7] Class 1A material typically refers to content relating to child exploitation and pro-terror content. [7] Class 1B material refers to content including extreme violence, content related to the promotion of crime, and content related to illegal drugs. [7]

2024 court case

In 2024, the eSafety Commissioner's office sent a complaint alert to X (formerly Twitter), in regards to a video post by Celine Baumgarten that expressed political opinion and criticism about an LGBTQ+ club at a Melbourne school. The eSafety Comissioner stated in the complaint alert that video was "cyber-abuse material targeted at an Australian adult" (the teacher in the video), and X subsequently geo-blocked the post in Australia. Celine Baumgarten, supported by the Free Speech Union of Australia lodged an application for review with the Administrative Review Tribunal (ART). The eSafety Commissioner argued the "complaint alert" was not a formal removal notice under section 88 of the act and therefore ART had no jurisdiction to review the decision. The tribunal ruled in favour of Baumgarten, finding the commissioner made a reviewable decision. Emilios Kyrou, president of ART, stated "the notice amounts, as a matter of fact, to a removal notice under [the act] regardless of what was subjectively intended by the Commissioner… or whether the notice was legally effective under [the act]". [8]

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 people under the age of 16. [9]

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. ↑ "Explainer: Basic Online Safety Expectations". digitalrightswatch.org.au. Retrieved 12 December 2025.
  6. ↑ Grant, Julie (October 2023). "End-to-end encryption trends and challenges — position statement". www.esafety.gov.au. Retrieved 12 December 2025.
  7. 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.
  8. ↑ "Baumgarten and eSafety Commissioner (Guidance and Appeals Panel) [2025] ARTA 59 (5 February 2025)". www.austlii.edu.au. Archived from the original on 14 March 2025. Retrieved 12 December 2025.
  9. ↑ Jose, Renju and Kaye, Byron (28 November 2024). Paul, Sonali and Mayberry, Kate (eds.). "Australia nears social media ban for children after heated debate". Sydney, Australia: Reuters. Archived from the original on 27 November 2024. Retrieved 28 November 2024.
This page is based on this Wikipedia article
Text is available under the CC BY-SA 4.0 license; additional terms may apply.
Images, videos and audio are available under their respective licenses.