Have Your Say On . . .
We are seeking views from the public on the draft codes between September 1 and October 2, 2022. Please send us written submissions using the contact form below.
Online Safety Codes
Under the Online Safety Act, industry associations must develop codes of practice to protect Australians from Class 1 content under Australia’s classification scheme. Industry associations have now released a draft of the code for public consultation and want to hear your views.
After this period of public consultation, the code will be updated by industry associations and registered by the Office of the eSafety Commissioner. Once in effect, this code will create industry-wide protections for Australians in relation to materials such as child sexual exploitation material, pro-terror content, and extreme crime and violence.
The codes will be enforceable by the Office of the eSafety Commissioner for eight sections of the online industry, including social media services, providers of relevant electronic services (includes any services with messaging, and gaming), providers of designated internet services (includes all websites in Australia), providers of internet search engine services, providers of app distribution services, providers of hosting services, providers of internet carriage services, and persons who manufacture, supply, maintain or install certain equipment (includes retailers).
Industry associations have released a draft code of practice for public consultation, together with an explanatory paper that provides more context on the approach.
In developing this code, industry associations reflected the detailed regulatory requirements for the code outlined by the Office of the eSafety Commissioner in their September 2021 position paper.
These are drafts of the industry codes of practice under Online Safety Act on Class 1 content, organised by industry section, on which we are seeking your views.
This is an explanatory paper that explains the approach taken in the draft industry code, which should be read as a companion document to the codes.
This is the regulatory guidance released by the Office of the eSafety Commissioner on the requirements for the code.
Please lodge your submission using the form provided before 11pm AEST October 2, 2022.
Once we received your submission, we will send you an automated email acknowledging receipt. Please ensure that you also check your spam folder.
Consent to publish
We will publish your submission on this website unless you do not select the option above and mark your submission as confidential. We reserve the right not to publish all or part of a submission, including if the submission contains offensive, defamatory or sensitive material.
Australian Mobile Telecommunications Association
BSA | The Software Alliance
Consumer Electronics Suppliers Association
Digital Industry Group Inc
Interactive Games and Entertainment Association
Frequently Asked Questions
What will this code achieve for consumers concerned about online safety?
What types of content are covered under this code? What does 'Class 1' content mean?
Class 1A is any material which:
- promotes or provides instruction of paedophile activity (‘child sexual exploitation’),
- advocates the doing of a terrorist act, including terrorist manifestos (‘pro-terror’),
- describes, depicts, promotes, instructs or otherwise deals with matters of extreme crime, cruelty or violence (including sexual violence) without justification (for example, murder, suicide, torture and rape), (‘extreme crime and violence’).
Class 1B is any material which:
- describes, depicts, expresses or otherwise deals with matters of crime, cruelty or violence without justification (‘crime and violence’),
- promotes, incites or instructs in matters of crime or violence (‘crime and violence’),
- describes, depicts, promotes, instructs or otherwise deals with matters of drug misuse or addiction without justification (‘drug-related content’)
Industry has further developed and defined each subcategory with reference to the national classification scheme. Please see the Head Terms, including Annexure A, for further detail.
I operate a website, or develop an app. Will I need to comply with the codes?
Yes, under the Online Safety Act, the codes will be mandatory for all websites and apps available in Australia, which are considered to be “designated internet services”. Under the Online Safety Act, the codes must apply to eight sections of the online industry, described above.