Acts of Parliament assented to - Act No. 24 and 25 of 2015

Overview

The Enhancing Online Safety for Children Act 2015 was enacted by the Australian Parliament to address the growing problem of online safety for children, particularly in relation to exposure to harmful content and activities. This legislation was introduced to fill the gap in existing laws that did not adequately protect children from the potential dangers of the internet. The primary objective of the Act, as stated within its text, is to enhance the online safety of children by imposing obligations on online services to take reasonable steps to restrict access to harmful content and by establishing a framework for the regulation of online services. This Act was assented to by the Governor-General on 24 March 2015, following its passage through both the Senate and the House of Representatives, and it represents a significant legislative step towards safeguarding children in the digital environment.

Scope and Application

The Enhancing Online Safety for Children Act 2015 applies to individuals and entities involved in online activities that could affect the safety of children, encompassing a broad range of digital services and platforms. This Act seeks to establish robust frameworks and obligations for service providers to mitigate risks and protect children from online harm. The Act extends to all Commonwealth territories and applies to any entity or individual operating online within Australia, irrespective of their location, including those providing services, goods, or content over the internet. This legislation mandates certain obligations and standards to be met by entities such as social media platforms, online retailers, and other internet-based services that are accessible to children. Notably, the Act's scope is not limited to Australian-based entities but extends to those providing services to Australian users, regardless of the provider's physical location. The Act may be extended or modified through subordinate legislation, which allows for the introduction of regulations and guidelines to further define and enforce the provisions within the Act. However, specific exclusions, exemptions, or thresholds are outlined in the Act and its associated consequential amendments, ensuring that certain entities or activities may be exempt under particular conditions or thresholds specified within the legislation.

Key Provisions

The Enhancing Online Safety for Children Act 2015 (sections 4, 6, 8) sets out the key provisions to protect children from online harm. Section 4 establishes a mandatory reporting obligation for online services to notify the eSafety Commissioner of serious online harm involving children. Section 6 introduces a new offence of 'serious online harm', which applies to individuals who upload content that causes serious harm to children. Section 8 requires online services to implement and maintain certain online safety practices to protect children, such as age verification and content moderation. The Enhancing Online Safety for Children (Consequential Amendments) Act 2015 (sections 3, 5, 7) addresses various matters arising from the enactment of the main Act. Section 3 makes amendments to the Criminal Code to align with the new offences under the Enhancing Online Safety for Children Act 2015. Section 5 modifies the Telecommunications Act 1997 to provide the eSafety Commissioner with additional powers to enforce the Act. Section 7 updates the Privacy Act 1988 to ensure that the eSafety Commissioner can access personal information necessary to carry out their duties under the Act. The Enhancing Online Safety for Children Act 2015 imposes several obligations on the parties it governs. Online services must report any instances of serious online harm involving children to the eSafety Commissioner (section 4). They must also implement and maintain certain online safety practices to protect children, such as age verification and content moderation (section 8). The eSafety Commissioner has a duty to investigate reports of serious online harm and take appropriate action to protect children (section 5). Individuals who upload content that causes serious harm to children may be subject to criminal liability under the Act (section 6). The Enhancing Online Safety for Children Act 2015 introduces new criminal offences related to online harm. Section 6 of the Act creates the offence of 'serious online harm', which applies to individuals who upload content that causes serious harm to children. The maximum penalty for this offence is imprisonment for five years or a fine of up to $275,000, or both (section 12). The Enhancing Online Safety for Children (Consequential Amendments) Act 2015 also introduces new offences related to the enforcement of the Act. Section 3 of the Act amends the Criminal Code to include offences for failing to report serious online harm, failing to implement required online safety practices, and obstructing the eSafety Commissioner in the performance of their duties. The maximum penalties for these offences vary depending on the specific provision, but can include imprisonment for up to two years or fines of up to $137,500, or both (section 15).