Australia: Implemented Online Safety Code for Third-Party Hosting Services

On 16 December 2023, the Hosting Services Online Safety Code under the Online Safety Act 2021 entered into force. The Code sets out guidelines and compliance measures for third-party hosting service providers, focusing on their role in ensuring online safety, particularly in relation to Class 1A and Class 1B material. The Code establishes a generic risk profile for all third-party hosting services and sets out a number of minimum compliance measures for these providers. These measures include establishing clear policies on Class 1A and Class 1B material, establishing systems and processes to enforce these policies, establishing mechanisms for contacting providers about harmful content and promoting industry cooperation to reduce online harm. Providers must offer tools, settings, or information to help customers deal effectively with harmful material and provide guidance on how to use them. The Code also requires providers to submit annual reports to eSafety detailing their compliance efforts and the number of reports received concerning Class 1A and Class 1B material.