From 27 December 2025, all ‘internet search engine services’ operating in Australia are required to comply with Schedule 3 – Internet Search Engine Services Online Safety Code (Class 1C and Class 2 Material) (Code) registered under the Online Safety Act 2021 (Cth) (eSafety Act).[1] The Code, registered by the eSafety Commissioner on 27 June 2025 pursuant to section 140 of the eSafety Act, mandates that search engine providers take reasonable steps to limit children’s exposure to harmful online content.[2]
As two (2) of the largest search engine providers globally, it is anticipated that Google and Microsoft will play a central role in shaping how the industry responds to these new requirements. This article explores what the Code demands in relation to age verification and examines how Google and Microsoft are likely to implement systems to meet these new obligations.
What is required by the Code?
The Code, enforced by eSafety Commissioner, requires internet search engine services to implement the following age assurance measures where technologically feasible and reasonably practicable:
- apply appropriate age assurance measures for account holders; and
- apply tools and/or settings — such as ‘Safe Search’ functionality — at the highest safety level by default for account holders who age assurance systems indicate are likely to be Australian children.[3]
At a minimum, these tools must filter out online pornography and high-impact violence material (Class 1C) detected in search results.[4]
What are Google and Microsoft’s mooted solutions?
While Google and Microsoft have yet to issue official statements as to how they will address the Australian Code, both companies have been actively exploring and trialling a range of age assurance technologies in global markets. These include:
- Zero-Knowledge Proof (ZKP) cryptography: open-source library of cryptography tools that allow people to prove that something about them, such as their age, is true without exchanging any other data.[5]
- Machine learning-based age estimation: using large language models (LLMs) to estimate an account holder’s age based on browsing behaviour.[6]
- Selfie verification & Government ID: requesting account holders submit a selfie or upload a government-issued ID if their activity suggests they may be under eighteen (18).[7]
- Google Wallet integration: exploring the use of digital ID cards stored in the Google Wallet to verify age.[8]
Concluding remarks about compliance with the Code
While neither company has committed to a specific solution for age verification in Australia, it is expected that they will leverage established global technologies and expertise to develop compliant, scalable systems that meet the requirements of the Code.
Links and further references
Industry codes
Schedule 3 – Internet Search Engine Services Online Safety Code (Class 1C and Class 2 Material)
Further information about eCommerce law
If your business need advice on ecommerce law, please contact us for a confidential and obligation-free discussion:
Malcolm Burrows B.Bus.,MBA.,LL.B.,LL.M.,MQLS.
Legal Practice Director
T: +61 7 3221 0013 (preferred)
M: +61 419 726 535
E: mburrows@dundaslawyers.com.au
Disclaimer
This article contains general commentary only. You should not rely on the commentary as legal advice. Specific legal advice should be obtained to ascertain how the law applies to your particular circumstances.
[1] Schedule 3 – Internet Search Engine Services Online Safety Code (Class 1C and Class 2 Material) (27 June 2025) eSafety Commissioner https://www.esafety.gov.au/sites/default/files/2025-06/Schedule-3-Internet-Search-Engine-Services-Online-Safety-Code-%28Class-1C-and-Class-2-Material%29.pdf.
[2] Schedule 3 – Internet Search Engine Services Online Safety Code (Class 1C and Class 2 Material) (27 June 2025) eSafety Commissioner https://www.esafety.gov.au/sites/default/files/2025-06/Schedule-3-Internet-Search-Engine-Services-Online-Safety-Code-%28Class-1C-and-Class-2-Material%29.pdf.
[3] Schedule 3 – Internet Search Engine Services Online Safety Code (Class 1C and Class 2 Material) at [7], p.5.
[4] Schedule 3 – Internet Search Engine Services Online Safety Code (Class 1C and Class 2 Material) at [7], p.5.
[5] Google (2025) Longfellow ZK https://github.com/google/longfellow-zk; Microsoft, ‘Advancing Privacy with Zero-Knowledge Proof Credentials’ (Blog Post, 22 July 2020) https://techcommunity.microsoft.com/blog/microsoft-security-blog/advancing-privacy-with-zero-knowledge-proof-credentials/1441554.
[6] Google, ‘New Digital Protections for Kids, Teens and Parents’ (Blog Post, 3 March 2025) https://blog.google/technology/families/google-new-built-in-protections-kids-teens/.
[7] Google, ‘Access Age-Restricted Content & Features’ (Web Page, 3 March 2025) https://support.google.com/accounts/answer/10071085?hl=en#zippy=; Microsoft, ‘Microsoft Entra Verified ID introduces Face Check in preview’ (Blog Post, 6 February 2024) https://www.microsoft.com/en-us/security/blog/2024/02/06/microsoft-entra-verified-id-introduces-face-check-in-preview/.
[8] Google, ‘Google Wallet launches new age and identity verification features’ (Web Page, 3 May 2025) https://blog.google/products/google-pay/google-wallet-age-identity-verifications/.
Related insights about technology and ecommerce law
-
Are your website’s terms and conditions legally binding?
Online contracts have legal implications and must adhere to consumer protection regulations. The Australian case of eBay International AG v Creative Festival Entertainment Pty Limited (ACN 098 183 281) [2006] FCA 1768 highlights the importance of understanding these regulations when drafting online contracts.
-
Thumbs down to McDonald’s “send to friend” campaign
Businesses should be aware of their legal obligations when using ‘send to friends’ facilities to avoid potential liability for breach of anti-spam laws. Find out how one company faced legal action for failing to comply with the Spam Act 2003 (Cth).
-
User posts can be advertisements!
The Advertising Standards Board upholds the Code of Ethics for advertising and marketing communications. Decisions included user comments on social media being subject to the Code. Advertisers must take extra care to comply.
-
Social media policies are a necessity for large companies – Fair Work Australia
The case of Stutsel v Linfox Australia Pty Limited [2011] FWA 8444 highlights the importance of having a clear social media policy. Mr Stutsel’s dismissal for making derogatory comments on Facebook was deemed unfair, as the company lacked a formal policy on social media use. This case serves as a reminder that businesses should implement…
-
What is a Twitter follower worth?
This legal case could have far-reaching implications for the value of social media followers and connections. Find out what this dispute between Phonedog and Noah Kravitz could mean for employers and employees in the future.
-
Misleading or deceptive conduct through Google AdWords
The Australian Competition and Consumer Commission (ACCC) took action against Trading Post Australia and Google in 2007. The Federal Court found Trading Post had misled/deceived in Google’s AdWords service on Thursday 22 September 2011. The ACCC’s claims against Google were dismissed.
-
Domain name escrow arrangements
Buying or selling a domain name? Dundas Lawyers provides advice and safe, inexpensive transfer solutions to protect both parties and avoid disputes.
-
Legal risks of social networking for businesses
The article discusses the legal risks businesses face when engaging with social media, such as defamation, wrongful dismissal, and breaches of confidentiality. It highlights the evolving legal landscape and provides recommendations for businesses to mitigate these risks, including implementing policies and monitoring employee use of social media.
-
Do organisations require social media policies?
Having a Social Media Policy (SMP) is essential for any organisation. Learn more about the importance of having a legal document that outlines acceptable conduct on social media, how to protect your organisation from potential risks, and how to create an SMP distinct from your Social Media Strategy.
