Australia: Implemented Internet Search Engine Services Online Safety Code

On 12 March 2024, the Internet Search Engine Services Online Safety Code under the Online Safety Act 2021 entered into force. The Code sets out compliance measures for internet search engine providers to protect Australian end users from harmful content, including child sexual exploitation, pro-terrorism, and extreme violence material (Class 1A), as well as crime, violence, and drug-related content (Class 1B). Search engines are required to have designated staff responsible for the safety of the service, including compliance with this Code and the Online Safety Act. The Code requires search engines to continually evaluate and improve their algorithms to ensure that harmful content is less discoverable and that illegal content is promptly removed. Providers with more than 500’000 monthly Australian users are required to work with eSafety, law enforcement, and NGOs to combat the appearance of harmful content in search results. The Code also emphasises the importance of providing users with tools and information to manage their exposure to Class 1A and Class 1B material, thereby increasing user empowerment. To increase transparency and accountability, search engines must publish information on their handling of harmful material and submit annual reports to eSafety detailing compliance and response efforts.