Online Safety Act 2021
No. 76, 2021
Compilation No. 3
Compilation date: 11 December 2024
Includes amendments: Act No. 127, 2024
About this compilation
This compilation
This is a compilation of the Online Safety Act 2021 that shows the text of the law as amended and in force on 11 December 2024 (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 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 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 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If a provision of the compiled law has been repealed in accordance with a provision of the law, details are included in the endnotes.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 Objects of this Act
4 Simplified outline of this Act
5 Definitions
6 Cyber‑bullying material targeted at an Australian child
7 Cyber‑abuse material targeted at an Australian adult
8 Determining whether material is offensive
9 Material that depicts abhorrent violent conduct
10 When material is provided on a social media service, relevant electronic service or designated internet service
11 When material is posted by an end‑user of a social media service, relevant electronic service or designated internet service
12 When material is removed from a social media service, relevant electronic service or designated internet service
13 Social media service
13A Relevant electronic service
14 Designated internet service
15 Intimate image
16 Non‑consensual intimate image of a person
17 Hosting service
18 On‑demand program service
19 Internet service providers
20 Supply of internet carriage service to the public
21 Consent
22 Crown to be bound
23 Application of this Act
24 Convention on the Rights of the Child
Part 2—eSafety Commissioner
25 Simplified outline of this Part
26 eSafety Commissioner
27 Functions of the Commissioner
28 Powers of the Commissioner
Part 3—Complaints, objections and investigations
Division 1—Introduction
29 Simplified outline of this Part
Division 2—Complaints about cyber
Overview
The Online Safety Act 2021 was enacted to address the growing concerns about the safety of Australians online. It was introduced to improve the online safety environment by reducing exposure to harmful content, particularly for children and young adults. The Act establishes the role of the eSafety Commissioner, who is responsible for promoting online safety, administering a complaints system for cyber-bullying and cyber-abuse material, and overseeing the compliance of online services with safety standards. The Act also sets out provisions for the removal of harmful content, the development and enforcement of industry codes and standards, and mechanisms for reporting and investigating online safety issues. The primary objective is to ensure a safer online experience for Australians by creating a regulatory framework that effectively manages and mitigates online risks. The Act was enacted by the Parliament of Australia and applies across the nation, including external territories.
Scope and Application
The Online Safety Act 2021 is a Commonwealth statute aimed at enhancing online safety for Australians. The Act applies to acts, omissions, matters, and things both within and outside Australia, extending its jurisdiction to external Territories. It establishes the eSafety Commissioner, who is tasked with promoting online safety, administering a complaints system for cyber-bullying and cyber-abuse material, and managing the online content scheme. The Act also includes provisions for setting basic online safety expectations for social media services, relevant electronic services, and designated internet services. It sets forth a framework for addressing cyber-bullying material targeting Australian children, cyber-abuse material targeting Australian adults, non-consensual sharing of intimate images, and material depicting abhorrent violent conduct. Furthermore, the Act includes mechanisms for the eSafety Commissioner to issue notices to providers and users of social media services, relevant electronic services, designated internet services, and hosting services to remove or block certain types of content. The Act also provides for the imposition of civil penalties for non-compliance and establishes the Online Safety Special Account to fund related activities. Importantly, the Act does not limit the operation of State and Territory laws that are capable of operating concurrently with it and respects the constitutional doctrine of implied freedom of political communication. The Act’s scope is comprehensive, covering a wide range of entities, including individuals, corporations, and service providers, and it encompasses various forms of online content and interactions.
Key Provisions
- The Online Safety Act 2021, as compiled on 11 December 2024, sets forth a comprehensive framework for online safety in Australia, focusing on protecting Australians, particularly children, from harmful online content and activities. The Act establishes the role of the eSafety Commissioner, who is tasked with promoting online safety, administering complaints systems for cyber-bullying, cyber-abuse, and non-consensual sharing of intimate images, and overseeing the online content scheme. The Act also mandates basic online safety expectations for various services, and imposes obligations on providers of social media, electronic, and internet services to ensure safe online environments. Key sections include those defining cyber-bullying and cyber-abuse material, procedures for complaints and investigations, and requirements for the removal of harmful content.
- The Act imposes several obligations on parties and entities it governs. For instance, providers of social media services, relevant electronic services, and designated internet services must take reasonable steps to minimise the provision of harmful material, such as cyber-bullying, cyber-abuse, and non-consensual intimate images, and ensure their services are safe for end-users. They are also required to implement measures to prevent access by children to certain restricted material and to maintain clear reporting mechanisms for users. Additionally, providers of age-restricted social media platforms must take reasonable steps to prevent children under a certain age from creating accounts. These obligations are enforced through compliance notices, periodic and non-periodic reporting requirements, and the issuance of formal warnings or civil penalties for non-compliance.
- Breaches of the Act's provisions can lead to significant consequences, including civil penalties. For example, a civil penalty of up to 500 penalty units may be imposed for failure to comply with notices regarding the removal of cyber-bullying material, non-periodic reporting, or other specified obligations. More severe penalties, up to 30,000 penalty units, apply to breaches concerning the non-consensual sharing of intimate images and failure to take reasonable steps to prevent age-restricted users from having accounts on certain social media platforms. Furthermore, the Act provides for the issuance of infringement notices, enforceable undertakings, and injunctions as means of enforcement. In cases where the continued operation of a service represents a significant community safety risk, the Federal Court may order the cessation of service provision. The Act also outlines provisions for the referral of matters to law enforcement agencies and the protection of individuals involved in reporting or investigating online safety issues from civil and criminal liabilities.
- In summary, the Online Safety Act 2021 establishes a robust legal framework to safeguard Australians online. It defines clear expectations and obligations for service providers, sets forth detailed procedures for the handling of complaints and the removal of harmful content, and provides for significant penalties for non-compliance. The Act also ensures that the eSafety Commissioner has the necessary powers and resources to effectively carry out their mandate, including the ability to obtain information, exercise investigative powers, and collaborate with other authorities. Through these provisions, the Act aims to create a safer online environment for all Australians.
- Area of Law
- Technology Law
- Privacy Law
- Consumer Law
- Instrument
- Act
- Concepts
- Definitions & Interpretation
- Repeal & Amendment
- Compliance Obligations
- Enforcement Powers
- Civil Penalty Provisions
- Consultation Requirements
- Prohibited Conduct
- Regulatory Standards