Australia: Online industry submitted Hosting Services Online Safety Code (Class 1C and Class 2 Material) to eSafety Commissioner for review

On 28 February 2025, the Hosting Services Online Safety Code (Class 1C and Class 2 Material) under the Online Safety Act 2021 was submitted to the eSafety Commissioner for review. The code was developed by the Australian online industry, including the Australian Mobile Telecommunications Association (AMTA), the Communications Alliance, the Consumer Electronics Suppliers Association (CESA), the Digital Industry Group Inc (DIGI) and the Interactive Games and Entertainment Association (IGEA). It would apply to services that store content for social media, related electronic services or designated Internet services, distinguishing them from first-party hosting services. The Code would require providers to include policies and contractual terms requiring customers to comply with Australian content laws, to take enforcement action for non-compliance, and to establish contact mechanisms for reporting breaches. Providers would also be required to respond to communications from the eSafety Commissioner and provide compliance reports on request. The Code would outline the relationship between hosting services and other online safety laws and set out responsibilities for managing stored content. The eSafety Commissioner will now assess whether the Code provides adequate safeguards for the community and, if deemed insufficient, could impose enforceable standards in its place.