SYDNEY — Australia’s online safety regulator, eSafety, is once again reviewing a “final” draft of industry codes to protect children from pornography and other age-inappropriate content, after eSafety Commissioner Julie Inman Grant rejected the previously announced “final” codes as insufficiently stringent.
In March, XBIZ reported on what was, at that time, announced as the final draft of proposed safety codes — including a requirement for adult sites to implement age assurance measures for Australian users.
Those proposed rules were submitted by an online industry advisory group that includes the Software Alliance, Australian Mobile Telecommunications Association, Communications Alliance, the Consumer Electronics Suppliers Association, the Digital Industry Group Inc., and the Interactive Games and Entertainment Association. The group’s input was solicited by eSafety in accordance with Australia’s 2021 Online Safety Act.
On Wednesday, however, eSafety revealed in a media release that in April, Inman Grant instructed the advisory group that those codes “did not provide sufficient safeguards for different forms of pornography and violent material which children may be exposed to.”
“The earlier draft codes placed the onus for safety largely on parents and carers, requiring them to enable protections for children online which should be on by default,” Inman Grant stated. “Further, there was a concerning absence of age assurance measures across key codes, leaving gaps in protections across the technology stack.”
Under the “final” draft codes submitted to eSafety at the end of February, sites and platforms that have “the sole or predominant purpose” of providing online pornography would be classified as “high impact class 2 designated internet services” and required to implement age assurance and access control measures to prevent minors from accessing adult content.
It is not yet clear, however, what changes may have been made to that draft in response to Inman Grant’s dictum. A rep for the advisory group told XBIZ on Wednesday that the updated codes will be posted "shortly" on the website Onlinesafety.org.au.
It is now up to Inman Grant to decide whether the newly revised codes will be registered and become enforceable under the Online Safety Act.
“If a code does not meet the statutory requirements, the eSafety Commissioner has the power under the Act to determine a mandatory industry standard,” the media release notes.
Once the codes and standards are in place, they will become enforceable. eSafety will then begin fielding complaints and investigating potential noncompliance.
“eSafety will be considering closely services’ compliance with existing codes and standards with a view to taking enforcement action where appropriate,” the release states. “Failure to comply with codes or standards may result in civil penalties of up to $49.5 million per breach.”
