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

On 20 May 2025, the final draft of the Relevant Electronic Services Online Safety Code (Class 1C and Class 2 material) under the Online Safety Act 2021 was submitted to the eSafety Commissioner for review. This follows the eSafety Commissioner's letter to industry in April 2025, reinforcing concerns about multiple drafts of online safety codes submitted since October 2024. The Code was developed by the Australian online industry, including the Australian Mobile Telecommunications Association (AMTA), Communications Alliance, Consumer Electronics Suppliers Association (CESA), Digital Industry Group Inc (DIGI), and Interactive Games and Entertainment Association (IGEA). It would set out compliance obligations for providers of relevant electronic services (RES) in relation to online safety in Australia. It outlines risk assessment requirements for different types of RES, categorising them into tiers (Tier 1, 2, 3) based on the likelihood of exposure to high-risk online pornography and self-harm material. Providers would have to implement age verification and access control measures where appropriate and follow mandatory compliance measures, including content moderation, reporting mechanisms, and engagement with eSafety authorities. The Code would also require regular risk assessments, transparency in policy enforcement, and reporting obligations to eSafety. Certain categories of RES, such as enterprise services and telephony services, are exempt from some risk assessments but must adhere to certain compliance measures. The eSafety Commissioner will now assess whether the codes provide sufficient safeguards for the community and, if deemed inadequate, may impose enforceable standards in their place.