internet law

New safety standards proposed for online platforms

Home → Technology law → Internet law → New safety standards proposed for online platforms

by

reviewed by

Malcolm Burrows

Reading Time:

3–4 minutes

In December 2019, the Australian Government released a discussion paper on a proposed “Online Safety Act” (Proposal) for consultation.  The Proposal is intended to combine and coordinate the existing framework into a single piece of legislation, and provide an update in accordance with the changes in the digital landscape.  The Proposal will encourage businesses trading online to take more responsibility for material on their platforms.

Proposed changes

Some of the key proposals include:

  • a set of basic online safety expectations for social media platforms, clearly stating community expectations, with associated reporting requirements;
  • consistent take-down requirements for image-based abuse, cyber abuse, cyberbullying and seriously harmful online content, requiring online service providers to remove such material within 24 hours of receiving an eSafety Commissioner request; and
  • a reformed online content scheme requiring the Australian technology industry to be proactive in addressing access to harmful online content. The scheme would also expand the eSafety Commissioner’s powers to address illegal and harmful content on websites hosted overseas.

Implications for businesses trading online

The Proposal states that, ‘as far as possible’, the scheme would apply ‘consistently to the different types of online service providers, not just large social media companies and ISPs’.  By removing certain distinctions under existing online safety schemes, the Proposal would streamline coverage and ensure that content is treated consistently and is not subject to multiple layers of obligations.

This would mean that it is not only large, international companies such as Facebook or Google who will be impacted.  Instead, the standards would apply to every business trading online, including small Australian businesses, particularly those websites which contain user-generated content (UGC).  If implemented, the Proposal will require that these online service providers have the ability to take down content at the request of the eSafety Commissioner which has been reported as harmful.  Online service providers will also have to introduce a notification mechanism on their websites where users can report such content.

Online service providers are also likely to face some challenges complying with the Proposal.  For example, there will always be circumstances where a ‘one size fits all’ approach will not be appropriate, and different standards will be required for different types of providers.  Further, the introduction of stronger, more general standards will mean businesses have to exercise a high level of care, so as to avoid being overcautious and wrongly removing potentially lawful content.

Takeaways

If the Proposal is implemented, online service providers will need to ensure they comply with the requirements for reporting, notification and take-down of harmful material including cyberbullying, harassment or abuse.  This is especially so for websites containing UGC.  Online service providers will be obliged to take more responsibility for the content on their platforms and for protecting their users.

Links and further References

Fact sheets

Fact sheet – Online Safety Reform Proposals – Adult Cyber Abuse Scheme
Fact sheet – Online Safety Reform Proposals – Overview
Fact sheet – Online Safety Reform Proposals – Ancillary service provider notice scheme
Fact sheet – Online Safety Reform Proposals – Basic Online Safety Expectations
Fact sheet – Online Safety Reform Proposals – Cyberbullying Scheme
Fact sheet – Online safety reform proposals – Harmful online content
Fact sheet – Online Safety Reform Proposals – Image-based abuse scheme
Fact sheet – Online Safety Reform Proposals – Blocking terrorist material online

Legislation

Broadcasting Services Act 1992 (Cth)
Criminal Code Amendment (Sharing of Abhorrent Violent Material) Act 2019
(Cth)
Enhancing Online Safety Act 2015 (Cth)

Further information for online businesses

If you need assistance with your business’ online content or if you operate a business which deals with user generate content please telephone me for an obligation free and confidential discussion.


Related insights about online businesses

  • Telegram terror content: eSafety alleges Online Safety Act breach

    Telegram terror content: eSafety alleges Online Safety Act breach

    Australia’s eSafety Commissioner has commenced civil penalty proceedings in the Federal Court of Australia (Court) against Emirati-based Telegram FZ-LLC (Trade License Number 94349) (Telegram), alleging that it failed to comply with obligations to detect, deter and disrupt the distribution of pro-terror material and remove unlawful material from its messaging service. The proceedings, eSafety Commissioner v…

    Read more …

  • Privacy Amendment Bill 2026 proposes Privacy Act amendments

    Privacy Amendment Bill 2026 proposes Privacy Act amendments

    On 31 August 2026, the Australian Government published a Consultation Paper and released an exposure draft of the Privacy Amendment (Personal Data Protection) Bill 2026 (Bill), proposing amendments to the Privacy Act 1988 (Cth) (Privacy Act).  The Bill proposes amendments to the Australian Privacy Principles (APPs) codified in Schedule 1 of the Privacy Act. The…

    Read more …

  • Digital Duty of Care Bill 2026

    Digital Duty of Care Bill 2026

    The Australian Labor party has introduced an exposure draft of the Online Safety Amendment (Digital Duty of Care) Bill 2026 (Digital Duty of Care Bill/Draft Bill) for “consultation”.  The Digital Duty of Care Bill proposes to make a number of minor (and major) amendments to the Online Safety Act 2021(Cth) (Online Safety Act) and adds…

    Read more …

  • AI compliance programs: one size does not fit all

    AI compliance programs: one size does not fit all

    Australia does not have any standalone legislation addressing how businesses can safely implement Artificial Intelligence (AI).  Use of AI by Australian businesses is, however, regulated, not by a patchwork combination of Federal and State legislation, industry-specific legislation and standards, professional body rules and guidance issued by government departments and other regulators.  This article discusses the…

    Read more …

  • AI evidence misleading Court:  Ba v Sterling Parts Australia

    AI evidence misleading Court: Ba v Sterling Parts Australia

    On 17 June 2026, Symons J delivered judgment in the case of Ba v Sterling Parts Australia Pty Ltd [2026] FedCFamC2G 1245 (Ba v Sterling Parts).  Ba v Sterling Parts was a proceeding brought by Weiman Ba (Applicant) in the second division of the Federal Circuit and Family Court of Australia (Court).  Symons J dismissed…

    Read more …

  • Office of AI announced by Federal Government

    Office of AI announced by Federal Government

    On 15 July 2026, Prime Minister Anthony Albanese (Prime Minister) announced by media release an expansion of the Federal Government’s (Government) existing artificial intelligence (AI) governance framework, including the establishment of a new Office of AI as well as plans to legislate national standards governing large-scale data centres, AI training and the use of Australian…

    Read more …

  • AI businesses should have duty of care

    AI businesses should have duty of care

    In a recent interview with InnovationAus.com, Victorian Senator Michelle Ananda-Rajah (Senator) emphasised the need to adopt digital duty of care laws for artificial intelligence (AI) companies.[1]  As a representative of the ALP and former AI start-up founder, the Senator calls for the proposed digital duty of care to apply to AI companies.  If implemented, the…

    Read more …

  • Federal Court orders winding up of crypto mining investment scheme

    Federal Court orders winding up of crypto mining investment scheme

    The Federal Court of Australia delivered judgment in Australian Securities and Investments Commission v NGS Crypto Pty Ltd (No 5) [2025] FCA 1611, on 18 December 2025 ordering the winding up of two (2) cryptocurrency related entities after finding that they operated an unlicensed financial services business and an unregistered managed investment scheme in contravention…

    Read more …

  • Online Safety – is your online business a DIS or a RES?

    Online Safety – is your online business a DIS or a RES?

    Whether your online business has to comply with the obligations contained in the Online Safety Act 2021 (Cth) (OSA), and related standards and industry codes will largely depend on how your business is classified because of the functionality it provides to end users in Australia.

    Read more …

Send this to a friend