On 16 June 2023, the eSafety Commissioner adopted the Internet Carriage Services Online Safety Code under the Online Safety Act 2021. The Code, which applies to retail Internet Service Providers (ISPs) that provide internet carriage services to Australian end users, outlines compliance measures to ensure online safety, with a particular focus on Class 1A and Class 1B material. ISPs are required to inform end-users of their legal obligations in relation to online material and to take proactive steps to prevent access to and dissemination of Class 1A and Class 1B material. Collaboration with other industry bodies is encouraged to effectively address and mitigate access to such material. In addition, ISPs are urged to work with eSafety and participate in protocols such as the Online Crisis Protocol to enhance efforts to block access to particularly harmful Class 1A material where appropriate. ISPs are required to provide information on filtering products and the Family Friendly Filtering Program to ensure that users have access to tools that can help limit exposure to unwanted material. Furthermore, ISPs are required to facilitate clear and effective reporting and complaints mechanisms to enable users to report concerns about Class 1A and Class 1B material. The Code also requires ISPs to publish annual reports detailing their compliance efforts, promoting transparency and accountability within the industry.
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