Australia: Issued Final Decision by eSafety Commissioner on Consolidated Industry Codes of Practice for the Online Industry

On 1 June 2023, Australia's eSafety Commissioner issued its decision on the Industry Codes of Practice for the Online Industry submitted for registration by industry associations. The Commissioner decided not to register two of the eight online safety codes it had received, arguing that they failed to provide appropriate community safeguards to deal with illegal and harmful content online. The rejected safety codes include the Designated Internet Services code, which covers apps, websites, and file and photo storage services such as Apple iCloud and Microsoft One Drive, and the Relevant Electronic Services (RES) code, which covers dating websites, online games and instant messaging. A mandatory industry standard is now being developed for those sectors. In addition, the Commissioner has reserved the decision concerning the draft Search Engine code due to announced developments in the field of artificial intelligence. Therefore, a revised Search Engine Code will be required in the next four weeks. Finally, five industry codes will be issued under the Online Safety Act 2021, including Social Media Services, Internet Carriage Services, App Distribution Services, Hosting Services, and Equipment codes. The Industry codes will come into force six months after their registration.