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Phase One Codes

Online Safety Codes


Under the Online Safety Act, the industry associations must develop codes of practice to protect Australians from Class 1 content under Australia’s classification scheme. 

 

On 31 March 2023, industry associations submitted the Consolidated Industry Codes of Practice for the Online Industry, Phase 1 (class 1A and class 1B material) for registration to the Office of the eSafety Commissioner.The codes cover participants across eight key sections of the online industry specified in the Act: providers of social media, messaging, search engine and app distribution services, internet and hosting service providers, manufacturers and suppliers of any equipment that connects to the internet, and operators of all websites that can be accessed by Australian users. 

 

Codes registered: On 16 June 2023,  the eSafety Commissioner formally registered the following codes:

Social Media Services Code

Apps Distribution Services Code

Hosting Services Code

Internet Carriage Services Code

Equipment Code

On 12 September 2023, the Commissioner registered the  

Internet Search Engine Services Code 

as a sixth Code. This Code had been re-submitted to the Commissioner to reflect recent developments in generative AI. 

These codes will become enforceable six months after registration,
i.e. on 16 December 2023 and 12 March 2024, respectively.
 

Codes declined for registration:

Relevant Electronic Services Code

Designated Internet Services Code

The Office of the eSafety Commissioner has registered mandatory and enforceable Industry Standards for Relevant Electronic Services and Designated Internet Services.

The Standards, developed by the Office of the eSafety Commissioner, will come into effect on 22 December 2024. Providers of Relevant Electronic Services and Designated Internet Services are advised to visit the website of the Office of the eSafety Commissioner for further detail and a copy of the Standards.

Further information on the codes development process is outlined on this website.

 

Code Documentation

In developing the codes, industry associations worked to reflect the detailed regulatory requirements for the code outlined by the Office of the eSafety Commissioner in their September 2021 position paper. 

Final Industry
Codes

These are the industry codes of practice under Online Safety Act on Class 1 content, organised by industry section as registered by the eSafety Commissioner on 16 June and 12 September 2023.

Industry Explanatory
Paper

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.

eSafety Position
Paper

This is the regulatory guidance released by the Office of the eSafety Commissioner on the requirements for the code.

About Us

In accordance with Part 9, Division 7, of the Online Safety Act, the eSafety Commissioner has asked industry associations to draft industry codes. The codes have been developed by a steering group of industry associations that represent the online industry, consisting of (in alphabetical order) BSA | the Software Alliance (BSA), the Australian Mobile Telecommunications Association (AMTA), Communications Alliance, the Consumer Electronics Suppliers Association (CESA), the Digital Industry Group Inc (DIGI), and the Interactive Games and Entertainment Association (IGEA).

Australian Mobile Telecommunications Association

Communications Alliance

DIGI logo

Consumer Electronics Suppliers Association

DIGI logo

Digital Industry Group Inc

Interactive Games and Entertainment Association

Frequently Asked Questions

What do codes achieve for consumers concerned about online safety?

Registered industry codes are enforceable under the Online Safety Act. In short, the phase one codes create improved standards across the entire online industry to address harmful Class 1 materials. The phase two codes provide greater safeguards around age-restricted material, such as online pornography. 

What does 'Class 1A' and ‘Class 1B’ content mean?
Class 1 material is defined under the Online Safety Act and via reference to Australia’s national classification scheme. The codes that are the subject of this consultation deals with ‘Class 1A’ and ‘Class 1B’ material. In its September 2021 position paper, eSafety outlined the following subcategories of class 1 material: 

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.

What does 'Class 1C' and ‘Class 2B’ content mean?
  • Class 1C material is a subcategory of class 1 material that describes or depicts specific fetish practices or fantasies;
  • Class 2A material is classified X 18+ under the Classification Act; or has not been classified, but if it were to be classified under the Classification Act, it would likely be classified X 18+, because it depicts actual (not simulated) sexual activity between consenting adults.
    • This captures what is usually understood to be pornography. 
  • Class 2B material depicts high-impact sexually explicit material (including high impact nudity)
  • Class 2C material describes or depicts high-impact violence and themes of crime and drug and alcohol dependency; but
  • Class 2 content also includes self-harm material which encourages, promotes or provides instruction for
    • Suicide
    • Acts of deliberate self-injury; and/or
    • An eating disorder or behaviour associated with an eating disorder.
  • Class 2 material also includes simulated gambling material i.e a computer game that contains simulated gambling and is classified, or would be classified, R 18+ under the Classification Act. 
How do I participate in the phase 2 codes consultation?

You can download the draft codes at the ‘class two codes’ page on this website. Submissions should be uploaded to the webform on this website and will be accepted until 11:59pm AEDT, November 22, 2024.   

What happens after the phase 2 codes consultation period?

Once finalised, the Consolidated Industry Codes of Practice for the Online Industry (Class 1C and Class 2 Material) will be submitted with a request for registration to the eSafety Commissioner by December 19, 2024. Registered codes are enforceable by the Commissioner.

Is there anything else I should know about the draft codes?

In July 2024, the eSafety Commissioner requested that industry develop these codes with a deadline of December 19, 2024. The legal requirements that the codes would advance to the Online Safety Act 2021 are separate to the ongoing review of the Online Safety Act and recently proposed amendments to the Act in relation to age restrictions.

The draft codes must cover a wide range of participants that operate in the online environment, including providers of social media, messaging, search engine and app distribution services, as well as internet and hosting service providers, and manufacturers and suppliers of any equipment that connects to the internet, including smart devices and computers. It is important to note that they also cover operators of all websites that can be accessed by Australian users.

The draft codes released for consultation on 22 October have been significantly informed by input from eSafety; including through its July 2024 Position Paper, industry working groups, and expert consultation. 

I operate a website, or develop an app. Will I need to comply with the codes?
Yes, once registered by the Office of the eSafety Commissioner, the codes will be enforceable 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.

Contact Us

If you have any questions about these codes, you can contact us by emailing hello@onlinesafety.org.au