Enhancing Online Safety Act 2015
No. 24, 2015
Compilation No. 6
Compilation date: 1 September 2021
Includes amendments up to: Act No. 13, 2021
Registered: 6 November 2021
About this compilation
This compilation
This is a compilation of the Enhancing Online Safety Act 2015 that shows the text of the law as amended and in force on 1 September 2021 (the compilation date).
The notes at the end of this compilation (the endnotes) include information about amending laws and the amendment history of provisions of the compiled law.
Uncommenced amendments
The effect of uncommenced amendments is not shown in the text of the compiled law. Any uncommenced amendments affecting the law are accessible on the Legislation Register (www.legislation.gov.au). The details of amendments made up to, but not commenced at, the compilation date are underlined in the endnotes. For more information on any uncommenced amendments, see the series page on the Legislation Register for the compiled law.
Application, saving and transitional provisions for provisions and amendments
If the operation of a provision or amendment of the compiled law is affected by an application, saving or transitional provision that is not included in this compilation, details are included in the endnotes.
Editorial changes
For more information about any editorial changes made in this compilation, see the endnotes.
Modifications
If the compiled law is modified by another law, the compiled law operates as modified but the modification does not amend the text of the law. Accordingly, this compilation does not show the text of the compiled law as modified. For more information on any modifications, see the series page on the Legislation Register for the compiled law.
Self‑repealing provisions
If a provision of the compiled law has been repealed in accordance with a provision of the law, details are included in the endnotes.
Contents
Part 1—Preliminary
1 Short title
2 Commencement
3 Simplified outline of this Act
4 Definitions
5 Cyber‑bullying material targeted at an Australian child
6 When material is provided on a social media service, relevant electronic service or designated internet service
7 When material is posted by an end‑user of a social media service, relevant electronic service or designated internet service
8 When material is removed from a social media service, relevant electronic service or designated internet service
9 Social media service
9A Designated internet service
9B Intimate image
9C Hosting service
9D On‑demand program service
9E Consent
10 Crown to be bound
11 Application of this Act
12 Convention on the Rights of the Child
Part 2—eSafety Commissioner
13 Simplified outline of this Part
14 eSafety Commissioner
15 Functions of the Commissioner
16 Powers of the Commissioner
Part 3—Complaints and objections
Division 1—Introduction
17 Simplified outline of this Part
Division 2—Complaints about cyber‑bullying material
18 Complaints about cyber‑bullying material
19 Investigation of complaints
Division 3—Complaints about, and objections to, intimate images
19A Complaints
19B Objection notice
19C Investigation of complaints
19D Commissioner’s response to objection…
Overview
The Enhancing Online Safety Act 2015 was enacted to address the gap in existing legislation concerning online safety for Australians, particularly children. The Act was introduced by the Australian Parliament to establish the framework for the eSafety Commissioner, who is responsible for promoting online safety, administering a complaints system for cyber-bullying material targeted at Australian children, and overseeing the non-consensual sharing of intimate images. The Act also establishes a two-tiered scheme for the rapid removal of cyber-bullying material from social media services and provides for the enforcement of compliance with basic online safety requirements for these services.
Scope and Application
The Enhancing Online Safety Act 2015 applies to Commonwealth, state, and territory jurisdictions in Australia, extending to external territories and acts, omissions, matters, and things outside Australia. The Act applies to persons and entities such as social media services, relevant electronic services, designated internet services, end-users, hosting service providers, and providers of social media services. It also applies to conduct such as the posting, provision, and removal of cyber-bullying material, intimate images, and other material. The Act establishes a framework for the rapid removal of cyber-bullying material targeted at Australian children from social media services and electronic services, including a two-tiered scheme for the removal of such material. It also imposes obligations on social media services, relevant electronic services, designated internet services, and hosting service providers to remove intimate images from their services. The Act establishes the office of the eSafety Commissioner, who is responsible for promoting online safety for Australians, administering a complaints system for cyber-bullying material targeted at Australian children, and coordinating activities of Commonwealth Departments, authorities, and agencies relating to online safety for children. The Act does not apply to the extent that it would infringe any constitutional doctrine of implied freedom of political communication, and it is not intended to apply to the exclusion of a law of a State or Territory to the extent to which that law is capable of operating concurrently with this Act. The Act does not limit the operation of the Telecommunications Act 1997 or Schedule 5, 7, or 8 to the Broadcasting Services Act 1992.
Key Provisions
- The Enhancing Online Safety Act 2015, as amended, sets out key provisions to enhance online safety for Australians, particularly targeting cyber-bullying and non-consensual sharing of intimate images. The Act establishes the role of the eSafety Commissioner, who is tasked with administering the complaints system for cyber-bullying material targeted at Australian children and coordinating activities related to online safety. The Commissioner also administers a complaints and objections system for the non-consensual sharing of intimate images.
- The Act details specific obligations for social media services, including a two-tiered scheme for the rapid removal of cyber-bullying material. Social media services are required to comply with basic online safety requirements, such as prohibiting the posting of cyber-bullying material, maintaining a complaints scheme for such material, and notifying the Commissioner of any changes to their terms of use. Tier 1 services can be requested to remove cyber-bullying material, while Tier 2 services may receive notices to remove such material.
- For non-consensual sharing of intimate images, the Act prohibits posting such images without consent, with exemptions for certain legal purposes. The Commissioner can issue removal notices to service providers, end-users, and hosting service providers. The Act also allows for civil penalties for breaches and provides enforcement mechanisms, including infringement notices, enforceable undertakings, and injunctions.
- The Act provides for various offences and penalties, with maximum civil penalties specified for breaches related to cyber-bullying and the non-consensual sharing of intimate images. It also includes provisions for the Commissioner to issue formal warnings and remedial directions. Additionally, the Act outlines the administrative provisions for the Commissioner, including appointment, remuneration, and delegation of powers, and specifies the protection from civil and criminal proceedings for certain actions taken in good faith. The Act also includes miscellaneous provisions related to review of decisions, legislative rules, and the operation of other laws.
- Area of Law
- Cybersecurity Law
- Consumer Law
- Privacy Law
- Instrument
- Act
- Concepts
- Definitions & Interpretation
- Offence Provisions
- Reporting & Disclosure Obligations
- Enforcement Powers
- Transitional Provisions
