Australia: Adopted Social Media Services Online Safety Code

On 16 June 2023, the eSafety Commissioner adopted the Social Media Services Online Safety Code under the Online Safety Act 2021. This Code introduces mandatory and optional compliance measures for social media service providers, categorised by their risk profile (Tier 1, Tier 2, Tier 3), to reduce exposure to Class 1A and Class 1B material. The Code aims to create a safe online environment by preventing access to, exposure to, distribution, and online storage of harmful content, in particular focusing on child sexual exploitation, pro-terrorism, and extreme violence material (Class 1A), as well as crime, violence and drug-related content (Class 1B). It also requires providers to report Class 1A material to appropriate agencies if it poses a serious and immediate threat to life or physical health or safety in Australia. The Code requires providers to adopt both mandatory and optional compliance measures tailored to the risk profile of their service, ensuring a proactive approach to online safety. For all tiers, social media services are required to notify relevant agencies within 24 hours of Class 1A material that poses a serious and immediate threat. Tier-specific measures include the implementation of systems, processes, and technologies to enforce policies against harmful content and to take enforcement action against policy violations. A trust and safety function is required to ensure that appropriate personnel are responsible for overseeing the safety of the service and compliance with the Code and the Online Safety Act. In addition, technologies such as hashing and machine learning are required for Tier 1 services to detect and remove known child sexual abuse material (CSAM). In addition, Tier 1 services must participate in an annual Forum for Tier 1 Services, which promotes collaboration on online safety measures and the sharing of best practices.