Commonwealth Consolidated Acts

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ONLINE SAFETY ACT 2021 - SECT 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.



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