Friday 8 September 2023

Friday, 8 September 2023 – Today, the eSafety Commissioner released a decision to register the Internet Search Engine Services Code. This followed the deferral of a decision on this Code earlier in year, to allow time for industry to reflect recent developments in relation to generative AI in a revised draft code. Further background on the codes process can be found below. 

Dr. Jennifer Duxbury, Director Policy, Regulatory Affairs, and Research at Digital Industry Group Inc., who led the drafting of the Search Engine Services Code, commented: 

“Generative AI is a rapidly developing and early-stage technology. To harness its full social and economic benefits, it’s essential that its development and deployment is underpinned by appropriate safety principles, which we’ve reflected in this code for internet search engines. 

“One of the unique advantages of industry-led codes is the way they can incorporate expertise from the companies developing the technology. The codes were developed as ‘principles based’, rather than a prescriptive set of rules, and the flexibility embodied in this approach helps ensure the codes can be adapted and applied within a rapidly evolving digital information environment. We have welcomed the continued collaborative working relationship between eSafety and industry on codes that will offer important safeguards for Australian communities.”

Commenting on the eSafety Commissioner’s decision to register the Internet Search Engine Services Code, a spokesperson for the Steering Group of industry associations said:

“We are pleased to see that the Internet Search Engine Services Code will be registered and become enforceable by the Commissioner, creating new community protections for Australians online. The development of all codes involved a rigorous industry-led project to regulate seriously harmful online content across a variety of diverse sections of the online industry. Following the deferral of the decision on the Internet Search Engine Services Code in June, we worked hard to reflect recent developments in relation to generative AI, codifying best practices for industry and providing further community safeguards.” 

ENDS

Media enquiries should be directed to hello@onlinesafety.org.au.

Background
The Online Safety Act 2021 (Act), which came into effect in January 2022, requires the development of codes by industry associations to regulate certain types of harmful online material, known as Class 1A and 1B material with reference to Australia’s classification scheme. This includes material promoting child sexual abuse, terrorism, extreme crime and violence, crime and violence, and drug-related content. 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. 

On 16 June 2023,  the eSafety Commissioner registered the majority of the draft codes, and reserved the decision on the Internet Search Engine Services Code to allow time for industry to incorporate feedback related to the rise of generative AI. On Friday 8 September, the eSafety Commissioner released a decision to also register the Internet Search Engine Services Code. 

About the industry associations

The Australian Mobile Telecommunications Association (AMTA) (amta.org.au) is the peak body and trusted voice of the mobile telecommunications industry in Australia. Its members span telecommunications carriers, network vendors, infrastructure providers, handset manufacturers and various other smaller providers. Its mission is to promote an environmentally, socially and economically sustainable mobile telecommunications industry in Australia.

BSA | The Software Alliance (BSA) (www.bsa.org) is the leading advocate for the global software industry. Its members are among the world’s most innovative companies, creating software solutions that help businesses of all sizes in every part of the economy to modernise and grow. With headquarters in Washington, DC, and operations in more than 30 countries, BSA advocates for public policies that foster technology innovation and drive growth in the digital economy.

Communications Alliance (commsalliance.com.au) is the primary communications industry body in Australia, representing carriers, carriage and internet service providers, content providers, platform providers, equipment vendors, IT companies, consultants and business groups. The prime mission of Communications Alliance is to create a co-operative stakeholder environment that allows the industry to take the lead on initiatives which grow the Australian communications industry, enhance the connectivity of all Australians and foster the highest standards of business behaviour.

The Consumer Electronics Suppliers Association (CESA) (cesa.asn.au) provides a united forum and voice for suppliers of consumer appliances to focus on regulatory, technical and commercial issues that affect the capacity of member companies to supply products in the Australian market.

The Digital Industry Group Inc. (DIGI) (digi.org.au) is a non-profit industry association that advocates for the interests of the digital industry in Australia. DIGI’s vision is a thriving Australian digitally-enabled economy that fosters innovation, a growing selection of digital products and services, and where online safety and privacy are protected.

The Interactive Games & Entertainment Association (IGEA) (igea.net) is the industry association representing and advocating for the video games industry in Australia, including the developers, publishers and distributors of video games, as well as the makers of the most popular gaming platforms, consoles and devices. IGEA has over a hundred members, from emerging local game development studios to some of the largest technology companies in the world.

Codes accepted for registration:

• Social Media Services Code
• Apps Distribution Services Code
• Hosting Services Code
• Internet Carriage Services Code
• Equipment Code
• Search Engine Services Code

 Codes declined for registration:

• Relevant Electronic Services Code
• Designated Internet Services Code

About the industry associations

The Australian Mobile Telecommunications Association (AMTA) (amta.org.au) is the peak body and trusted voice of the mobile telecommunications industry in Australia. Its members span telecommunications carriers, network vendors, infrastructure providers, handset manufacturers and various other smaller providers. Its mission is to promote an environmentally, socially and economically sustainable mobile telecommunications industry in Australia.

BSA | The Software Alliance (BSA) (www.bsa.org) is the leading advocate for the global software industry. Its members are among the world’s most innovative companies, creating software solutions that help businesses of all sizes in every part of the economy to modernise and grow. With headquarters in Washington, DC, and operations in more than 30 countries, BSA advocates for public policies that foster technology innovation and drive growth in the digital economy.

Communications Alliance (commsalliance.com.au) is the primary communications industry body in Australia, representing carriers, carriage and internet service providers, content providers, platform providers, equipment vendors, IT companies, consultants and business groups. The prime mission of Communications Alliance is to create a co-operative stakeholder environment that allows the industry to take the lead on initiatives which grow the Australian communications industry, enhance the connectivity of all Australians and foster the highest standards of business behaviour.

The Consumer Electronics Suppliers Association (CESA) (cesa.asn.au) provides a united forum and voice for suppliers of consumer appliances to focus on regulatory, technical and commercial issues that affect the capacity of member companies to supply products in the Australian market.

The Digital Industry Group Inc. (DIGI) (digi.org.au) is a non-profit industry association that advocates for the interests of the digital industry in Australia. DIGI’s vision is a thriving Australian digitally-enabled economy that fosters innovation, a growing selection of digital products and services, and where online safety and privacy are protected.

The Interactive Games & Entertainment Association (IGEA) (igea.net) is the industry association representing and advocating for the video games industry in Australia, including the developers, publishers and distributors of video games, as well as the makers of the most popular gaming platforms, consoles and devices. IGEA has over a hundred members, from emerging local game development studios to some of the largest technology companies in the world.