Online Safety Act 2021

Social media platforms, apps, and websites:

• They can be issued removal notices — legally binding orders to take down harmful content, usually within a short timeframe.
• They must meet basic online safety expectations set by the government Minister.
• They can be required to remove apps from app stores, delete links from search engines, or block access to harmful material.
• Platforms must have internal complaints systems; users generally must complain to the platform first before escalating to the Commissioner.

Businesses hosting online content:

• Companies that store ("host") online material can be ordered to stop hosting certain harmful content.

Key Powers of the eSafety Commissioner

• Issue removal notices to platforms, hosting companies, and individual users
• Issue link deletion notices to search engines (like Google)
• Issue app removal notices to app stores
• Investigate complaints and conduct audits
• Request or require internet providers to block websites containing extreme violent content
• Set and enforce industry codes and standards
• Issue civil penalties (fines) to people who share intimate images without consent, or who threaten to do so

Types of harmful content covered

1. Cyberbullying — content targeting a specific Australian child that would seriously threaten, intimidate, harass or humiliate them
2. Cyber-abuse — content targeting a specific Australian adult intended to cause serious harm, that a reasonable person would find menacing, harassing or offensive
3. Non-consensual intimate images — private sexual or intimate photos/videos shared without permission ("image-based abuse")
4. Abhorrent violent material — recordings or streams of terrorist acts, murders, or similarly extreme violence
5. Class 1 and Class 2 material — content that would be refused classification or restricted under Australia's national content classification system (similar to film ratings)

What can happen if you don't comply?

• Civil penalties (substantial fines) for individuals who post intimate images without consent or threaten to do so
• Platforms and service providers face enforcement action for ignoring removal notices
• The Commissioner can refer matters to police

Important nuances

• The law applies globally — overseas platforms serving Australian users are covered
• Some content is exempt, including parliamentary proceedings, court proceedings, news media, and content with legitimate artistic, educational, or medical value
• A person in authority over a child (like a teacher or parent) is not guilty of cyberbullying if their conduct was lawful and reasonable
• "Consent" to intimate image sharing must be express (clearly stated), voluntary, and informed — consent from children or people who lack capacity doesn't count