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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;
(c) an end‑user of a social media service, relevant electronic service or designated internet service who posts an intimate image on the service may be given a notice (a removal notice) requiring the end‑user to remove the image from the service;
(d) a hosting service provider who hosts an intimate image may be given a notice (a removal notice) requiring the provider to cease hosting the image.
• The online content scheme includes the following components:
(a) 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 certain material;
(b) a hosting service provider may be given a notice (a removal notice) requiring the provider to cease hosting certain material;
(c) the provider of an internet search engine service may be given a notice (a link deletion notice) requiring the provider to cease providing a link to certain material;
(d) the provider of an app distribution service may be given a notice (an app removal notice) requiring the provider to cease enabling end‑users to download an app that facilitates the posting of certain material on a social media service, relevant electronic service or designated internet service;
(e) bodies and associations that represent sections of the online industry may develop industry codes;
(f) the Commissioner may make an industry standard;
(g) the Commissioner may make service provider determinations regulating service providers in the online industry.
• The Minister may determine basic online safety expectations for social media services, relevant electronic services and designated internet services.
• An internet service provider may be requested or required to block access to:
(a) material that promotes abhorrent violent conduct; or
(b) material that incites abhorrent violent conduct; or
(c) material that instructs in abhorrent violent conduct; or
(d) material that depicts abhorrent violent conduct.
• There are age restrictions for certain social media platforms. A provider of such a platform must take reasonable steps to prevent children who have not reached a minimum age from having accounts.