Industry codes and standards

There are currently six industry codes in operation. They apply to social media services, app distribution services, hosting services, internet carriage services, equipment providers, and search engine services.

In addition to these codes, there are two industry standards which have been registered and will take effect on 22 December 2024, following a period of Parliamentary scrutiny which closed on 18 November 2024. They apply to relevant electronic services and designated internet services.

These industry codes and standards contain measures to address ‘class 1A’ and ‘class 1B’ online material. These classes cover the most seriously harmful online content, such as child sexual exploitation material and pro-terror material.

Industry participants can find more information on how to communicate with eSafety and report on compliance measures in the Phase 1 Codes and Phase 1 Standards.

The second phase of industry codes development, focusing on class 1C and class 2 material such as online pornography that is inappropriate for children, formally commenced on 1 July 2024.

You can make a complaint to eSafety if you believe an online service is not complying with an industry code or, after 22 December 2024, a standard that is in effect.

The aims of the Phase 2 industry codes are to prevent children from accessing or being exposed to age-inappropriate material online (including material like online pornography) and to provide all end-users with effective information, tools and options to limit access and exposure to this material.

Background to development of the Phase 2 industry codes

The Online Safety Act 2021 provides for industry bodies or associations to develop codes to regulate certain types of harmful online material, and for eSafety to register and enforce the codes.

Development of the Phase 2 industry codes formally commenced in July 2024 with the publication of eSafety’s Phase 2 position paper and issuing of notices to industry to develop the Phase 2 industry codes.

• The material to be considered under the Phase 2 industry codes is ‘class 1C’ and ‘class 2’ material, which includes online pornography and other high-impact material as defined by reference to the National Classification Scheme. This includes themes such as suicide and simulated gambling.

Notices to develop the Phase 2 industry codes

eSafety issued notices for the second phase of codes development on 1 July 2024.

Under the notices, the matters to be addressed in the codes are broadly that:

• online industry must prevent and protect Australian children from accessing or being exposed to class 1C and class 2 material
• online industry must provide Australian end-users with effective information, tools and options to limit access and exposure to class 1C and class 2 material.

eSafety issued notices requesting the development of Phase 2 codes to five industry bodies and associations that represent the sections of the online industry to which the codes will apply. The notice recipients are:

• Australian Mobile Telecommunications Association
• Communications Alliance Ltd
• Consumer Electronic Suppliers Association
• Digital Industry Group Inc.
• Interactive Games and Entertainment Association.

Public consultation on the Phase 2 industry codes

Consultation on the Phase 2 draft codes, which were released on 22 October 2024, is the responsibility of the industry associations. 

This is an important opportunity for members of the public and other stakeholders to have their say on the draft codes. eSafety encourages government and non-government organisations, community groups, researchers and interested individuals to provide feedback to the industry associations. 

The Phase 2 draft codes, and information about how to make a submission, can be found at onlinesafety.org.au. 

eSafety has not endorsed the draft codes and will undertake an assessment of whether they meet the statutory requirements when industry submits the codes for registration by 19 December 2024.

To accompany the notices issued on 1 July 2024, eSafety published a position paper setting out principles and suggestions for industry in developing the codes.

The paper aims to:

• outline lessons learned from the Phase 1 Codes and Standards development process
• discuss the current domestic and international regulatory context of child safety protections for class 1C and class 2 content
• detail eSafety’s suggested risk-based, graduated approach to dealing with different types of class 1C and class 2 content
• set out principles for measures to be adopted by industry in the Phase 2 codes
• set out specific suggested measures for industry’s consideration. 

The Phase 1 Codes Regulatory Guidance is designed to help online service providers comply with requirements under the registered codes for class 1A and class 1B material. You can read more about the background and development of the Phase 1 Codes, including information about the consultation process.

The regulatory guidance provides information on key matters including code compliance reporting, communicating with eSafety, and how the industry codes interact with eSafety’s other regulatory schemes.

The Phase 1 Standards have been finalised and registered on the Federal Register of Legislation, and on the register maintained by eSafety. There are two industry standards, which apply to providers of relevant electronic services and designated internet services. The Phase 1 Standards come into effect on 22 December 2024.

The Phase 1 Standards Regulatory Guidance is designed to help online service providers comply with requirements under the standards for class 1A and class 1B material. Supplementary explanatory statements for each standard can be found on the register maintained by eSafety.

You can read more about the background and development of the Phase 1 Standards, including information about the public consultation process.

eSafety encourages providers to review regulatory guidance for codes and standards along with eSafety’s Safety by Design principles and assessment tools. These resources will enable service providers to audit and improve their current safety practices and help position themselves to comply with the obligations under the industry codes and standards.