Australians Empowered to Combat Online Abuse as New Industry Codes Take Effect

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With the implementation of five new industry codes tomorrow, social media companies, app stores, internet service providers, hosting providers, device manufacturers, and suppliers will all need to take significant action to address the "worst-of-the-worst" online content.

Australians will have the option to file a complaint with a social media platform if they feel that it is not adhering to the new industry codes that address offensive and frequently illegal content, such as pro-terrorist and harmful content that targets minors online.

In order to address user complaints, the codes will also require services to offer safety information and reporting tools. Australians can use the industry codes complaints form to contact eSafety for assistance if their complaint is not resolved. eSafety has the authority to look into potential non-compliance, order a service to follow industry standards, and, if required, take enforcement action.

The launch of the new codes, which were created by business and submitted for registration, according to Australia's eSafety Commissioner Julie Inman Grant, is a significant next step in the country's globally pioneering efforts to make the internet much safer for all Australians.

"It is a hugely significant milestone for online safety to have mandatory and enforceable codes in place that put the onus back on industry to take meaningful action against the worst-of-the-worst content appearing on their products and services," stated Ms. Inman Grant.

Sadly, these actions haven't always been done. These mandatory codes provide a clear and agreed-upon framework for how those sectors will address this illegal content moving forward.

"We began this codes journey with industry more than two years ago, and although the journey hasn't always been easy, what we have accomplished together, culminating in these five codes today, is very significant, leading the world, and will have a genuine impact on the safety of all Australians on the internet."

eSafety has published Regulatory Guidance to support industry and a complaints form to help users report possible code violations. The guidelines outline eSafety's strategy for monitoring and enforcing code compliance.

In order to address illegal and restricted content, industry associations were required to draft enforceable codes encompassing eight sectors of the online industry under Australia's Online Safety ActExternal link, which went into effect in January 2022.

The eSafety Commissioner discovered in June that five codes were registered and offered suitable community safeguards. Tomorrow is when these five codes will be operational.

Due to its inability to sufficiently take into account the generative AI's quick integration with online search, eSafety postponed making a decision on a sixth code that covered search engines. eSafety registered a revised code in September, and it will go into effect in March 2024.

eSafety announced that it would draft industry standards because the two remaining draft industry codes—Relevant Electronic Services, which covers a variety of messaging services as well as online dating and gaming, and Designated Internet Services, which covers websites and apps that fall outside the purview of social media services and relevant electronic services as well as file and photo storage services—failed to offer sufficient community safeguards.

The draft eSafety standards are now available for public comment. Industry and other interested parties are still encouraged to take part in the consultation process by eSafety.

Meanwhile, International Justice Mission (IJM) Australia welcomes the enforcement of the eSafety Commissioner's new mandatory tech industry codes to tackle online child sexual abuse material from tomorrow.

From 16 December, eSafety’s new tech industry codes will be enforceable, allowing the Australian regulator to investigate and ensure compliance of these codes through measures including injunctions and fines of almost $700,000 per day for continuing breaches.

IJM Australia’s Policy & Campaigns Lead Briony Camp said, “The eSafety Commissioner’s world-leading tech sector regulation is essential to tackling the growing problem of the online sexual exploitation of children by reducing the availability of child sexual abuse material online.”

IJM is pleased to continue working together with the eSafety Commissioner and international law enforcement agencies to protect vulnerable children in the Philippines from online sexual exploitation and abuse by child sex offenders, including here in Australia.

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