
Australia has a comprehensive set of laws and regulations governing internet usage, with a particular focus on protecting children and vulnerable people from harmful content. The country's online safety framework, established by the Enhancing Online Safety Act 2015 and the Online Content Scheme, underwent significant changes in 2022 with the introduction of the Online Safety Act 2021. This legislation empowers the eSafety Commissioner to address illegal and restricted content, prioritising the removal of material that depicts or promotes child sexual abuse, terrorism, and extreme violence. Additionally, the Australian Communications and Media Authority (ACMA) plays a crucial role in enforcing laws related to illegal and prohibited content, with the authority to issue takedown notices and impose fines for non-compliance.
| Characteristics | Values |
|---|---|
| Regulating Body | eSafety Commissioner |
| Regulating Law | Enhancing Online Safety Act 2015, Online Content Scheme, Online Safety Act 2021 |
| Regulated Content | Child sexual abuse material, terrorist material, highly graphic sexual acts, content that shows self-harm or suicide or explains how to do it, violent crimes, nudity, high impact violence |
| Action | Removal of content, blocking access to content, issuing takedown notices, imposing fines |
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What You'll Learn

Child sexual abuse material
The eSafety Commissioner has the power to direct online and electronic services or platforms to remove this content. They can also issue a takedown notice to the hosting provider, and any provider that does not comply faces serious penalties. The Commissioner also notifies the relevant Australian police about this content.
The Online Safety Act includes powers that allow eSafety to request or require an internet service provider to block material that promotes, incites, instructs, or depicts abhorrent violent conduct. This includes material that encourages or instructs people to sexually or physically abuse a child or exploit or groom them.
The Act also establishes an Online Content Scheme, which is designed to protect consumers, particularly children, from exposure to harmful material. The Scheme allows members of the public to make complaints about illegal or offensive content, and for eSafety to assess these complaints. The Act defines illegal or restricted content as either 'class 1 material' or 'class 2 material', with reference to Australia's National Classification Scheme.
The eSafety Commissioner also prioritises the investigation of material that shows or describes the sexual exploitation or abuse of children. This includes images and videos, as well as posts, comments, chats, texts, messages, memes, livestreams, and emails.
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Terrorist content
In Australia, the eSafety Commissioner is responsible for regulating and managing illegal and restricted online content. The Commissioner works to prevent and address harm caused by serious online abuse or illegal and restricted online content. Illegal content is content that breaks Australian laws, and this includes material that promotes terrorism or terrorist acts.
The Online Safety Act 2021, which replaced the Enhancing Online Safety Act 2015, gives eSafety new powers to require internet service providers to block access to terrorist content. The Act includes rapid website-blocking arrangements to protect Australians from exposure to extremely harmful material, such as the live-streaming of terrorist attacks. This allows eSafety to respond to online crisis events by requiring internet service providers to block access to material depicting, promoting, inciting, or instructing abhorrent violent conduct, including terrorist acts.
The Online Content Scheme, established by the Act, is designed to protect consumers, particularly children, from exposure to harmful material. The Scheme allows members of the public to make complaints about illegal or offensive content, and for eSafety to assess and investigate these complaints. The Act defines illegal or restricted content as either 'class 1 material' or 'class 2 material', with reference to Australia's National Classification Scheme. Where content hosted in Australia is deemed illegal or restricted, the Australian Federal Police will be informed.
The eSafety Commissioner works with law enforcement partners and international collaborative partners, including the INHOPE network, to remove and restrict access to illegal and restricted content, including terrorist content, wherever it is hosted. This includes working to remove child sexual abuse material, which is often associated with terrorist content. The Commissioner can issue takedown notices to hosting providers, who face serious penalties if they do not comply.
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Violent crimes
In Australia, online content that promotes, incites, or instructs in matters of crime or violence is illegal. This includes material that promotes, encourages, or instructs people to commit violent crimes, such as physical or sexual abuse, exploitation, or grooming of children. Such content is considered “abhorrent violent material” under the Criminal Code Act.
The eSafety Commissioner is responsible for addressing illegal and restricted online content. They work with online service providers to restrict access to inappropriate content and can direct the removal of illegal content, including abhorrent violent material. eSafety also collaborates with law enforcement agencies and the global INHOPE network to remove child sexual exploitation material hosted anywhere in the world.
The Online Safety Act defines illegal and restricted online content as either 'Class 1 Material' or 'Class 2 Material', with reference to Australia's National Classification Scheme. Class 1 and Class 2 Materials are further classified based on their suitability for children and the general public.
The Criminal Code Amendment (Sharing of Abhorrent Violent Material) Act 2019 requires content, internet, and hosting providers to report abhorrent violent conduct to the Australian Federal Police within a reasonable time frame. This includes content documenting terrorist acts, murder, attempted murder, torture, rape, or kidnapping. Providers who fail to remove such content promptly face substantial fines and jail time.
In addition to these measures, Australia has also implemented mandatory internet filtering to protect children from online pornography and violent websites. The country also has laws in place to prevent the discussion of practical aspects of suicide online, further emphasizing its commitment to combating violent and harmful content on the internet.
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Online censorship
One of the key organisations responsible for online censorship in Australia is the eSafety Commissioner. The Commissioner has the authority to investigate and remove illegal and restricted content, with a particular focus on protecting children and vulnerable people online. Illegal content includes material that breaks Australian laws, such as child sexual abuse imagery, terrorism, and other extreme violence. Restricted content, on the other hand, refers to material that is unsuitable for children, including simulated sexual activity, nudity, and high-impact violence.
The eSafety Commissioner works closely with law enforcement agencies and international partners to remove illegal content, regardless of where it is hosted. They also have the power to issue takedown notices to hosting providers, with penalties for non-compliance. Additionally, the Commissioner plays a crucial role in educating the public about online safety and empowering them to make complaints about illegal or offensive content.
Another important aspect of online censorship in Australia is the use of web filters. The government has proposed mandatory web filters to block access to illegal and inappropriate content, with some political parties advocating for the censorship of hardcore pornography and fetish material. The Australian Communications and Media Authority (ACMA) also maintains a blocklist of banned URLs, which are then added to filtering software offered by Internet Service Providers (ISPs). However, the effectiveness of these filters has been questioned, as website hosts can shift their servers to other countries, circumventing the blocklists.
The Online Safety Act 2021 further strengthens Australia's online censorship framework by introducing rapid website-blocking arrangements to protect Australians from exposure to extremely harmful material. It establishes a set of Basic Online Safety Expectations for online service providers, requiring them to take proactive measures to protect their users from abusive conduct and harmful content. The Act also broadens the scope of regulated content to include app distribution services and search engines.
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Cyberbullying
Legal Perspective
Reporting and Support
Individuals experiencing cyberbullying can seek support and report incidents to various organisations, such as Lifeline, Beyond Blue, or Kids Helpline. They can also take steps to protect themselves, such as blocking or unfriending individuals who engage in cyberbullying and adjusting privacy settings. Additionally, victims can choose to refrain from reacting negatively and confide in someone they trust.
Website Administrators' Role
Website administrators play a crucial role in addressing cyberbullying. They can monitor content and remove any material that constitutes cyberbullying. Website users who engage in cyberbullying may receive warnings or have their accounts deleted. Additionally, phone companies can cancel the phone numbers and contracts of individuals involved in cyberbullying.
Criminal Defamation
In cases where cyberbullying involves the publication of false information with the intention to cause serious harm, it may constitute criminal defamation under Section 529 of the Crimes Act 1900 (NSW). Similar provisions exist in other states, and victims can seek compensation through civil defamation claims if their reputation has been damaged.
National and State Laws
It is important to note that the law in this area is complex, and individuals affected by cyberbullying can seek legal advice or support from relevant organisations.
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Frequently asked questions
Illegal content in Australia is content that breaks Australian laws. This includes material that shows or encourages child sexual abuse, terrorism or other extreme violence.
Prohibited content is content that is not illegal but may not be appropriate for all audiences. This includes materials that encourage violence, criminal behaviour, or dangerous behaviour, highly graphic sexual acts, content that shows self-harm or suicide, or content that is inappropriate for children, such as simulated sexual activity, nudity, and high-impact violence.
The eSafety Commissioner is responsible for regulating and managing illegal and prohibited content in Australia. They work with law enforcement partners and international collaborators to remove and restrict access to illegal and restricted content, and they have the authority to direct online platforms to remove or age-restrict such content.
The Online Safety Act is legislation that gives eSafety new powers to protect Australians from harmful online content. It establishes expectations for online service providers to be proactive in protecting their users from abusive conduct and harmful content, and it includes rapid website-blocking arrangements to protect Australians from exposure to extremely harmful material.
If you come across illegal content, you should report it to the Australian Communications and Media Authority (ACMA). You can also report it to the eSafety Commissioner, who can investigate and take appropriate action.










































