Online Safety Act 2021
4Simplified outline of this Act
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4 Simplified outline of this Act
• There is to be an eSafety Commissioner.
• The functions of the Commissioner include:
(a) promoting online safety for Australians; and
(b) administering a complaints system for cyber‑bullying material targeted at an Australian child; and
(c) administering a complaints system for cyber‑abuse material targeted at an Australian adult; and
(d) administering a complaints and objections system for non‑consensual sharing of intimate images; and
(e) administering the online content scheme; and
(f) coordinating activities of Commonwealth Departments, authorities and agencies relating to online safety for Australians.
• The complaints system for cyber‑bullying material targeted at an Australian child includes the following components:
(a) the provider of a social media service, a relevant electronic service or a designated internet service may be given a notice (a removal notice) requiring the removal from the service of cyber‑bullying material targeted at an Australian child;
(b) a hosting service provider who hosts cyber‑bullying material targeted at an Australian child may be given a notice (a removal notice) requiring the provider to cease hosting the material;
(c) a person who posts cyber‑bullying material targeted at an Australian child may be given a notice (an end‑user notice) requiring the person to remove the material, refrain from posting cyber‑bullying material or apologise for posting the material.
• The complaints system for cyber‑abuse material targeted at an Australian adult includes the following components:
(a) the provider of a social media service, a relevant electronic service or a designated internet service may be given a notice (a removal notice) requiring the removal from the service of cyber‑abuse material targeted at an Australian adult;
(b) a person who posts cyber‑abuse material targeted at an Australian adult may be given a notice (a removal notice) requiring the person to remove the material;
(c) a hosting service provider who hosts cyber‑abuse material targeted at an Australian adult may be given a notice (a removal notice) requiring the provider to cease hosting the material.
• The complaints and objections system for non‑consensual sharing of intimate images includes the following components:
(a) a person who posts, or threatens to post, an intimate image may be liable to a civil penalty;
(b) the provider of a social media service, relevant electronic service or designated internet service may be given a notice (a removal notice) requiring the provider to remove an intimate image from the service;