Commonwealth Consolidated Acts

ONLINE SAFETY ACT 2021 - SECT 8

  (1)   The matters to be taken into account in deciding for the purposes of this Act whether an ordinary reasonable person in the position of a particular Australian adult would regard particular material as being, in all the circumstances, offensive, include:

  (a)   the standards of morality, decency and propriety generally accepted by reasonable adults; and

  (b)   the literary, artistic or educational merit (if any) of the material; and

  (c)   the general character of the material (including whether it is of a medical, legal or scientific character).

  (2)   If:

  (a)   material is provided on:

  (i)   a social media service; or

  (ii)   a relevant electronic service; or

  (iii)   a designated internet service; and

  (b)   the material is private sexual material;

then, in deciding for the purposes of this Act whether an ordinary reasonable person in the position of a particular Australian adult would regard the material as being, in all the circumstances, offensive, regard must be had to whether the subject, or each of the subjects, of the private sexual material gave consent to the material being provided on the service.

  (3)   Subsection   (2) does not limit subsection   (1).