Industry regulation

We investigate complaints from individuals and help to stop, remove and limit the impacts of cyberbullying of children, adult cyber abuse, image-based abuse (sharing or threatening to share intimate images and videos without the consent of the person shown), as well as illegal and restricted online content.

Where appropriate, our investigators work with the online industry to resolve complaints. Where a collaborative approach is not appropriate or sufficient to protect Australians, we draw on our robust range of regulatory options.

In addition, people can make a complaint to eSafety if they believe an online service is not complying with a registered industry code or standard for online safety. 

Find regulatory guidance for these reporting schemes and the compliance and enforcement of them.

eSafety monitors compliance with the Australian Government’s Basic Online Safety Expectations. These set out reasonable steps that the Australian Government expects certain online service providers to take to ensure Australians can use their platforms safely.

Among other steps, online service providers should:

• have terms of use, policies and procedures to ensure safe use, and enforce these terms
• ensure that the best interests of the child is a primary consideration in the design and operation of services likely to be used by children
• ensure safe use of certain features such as encrypted services, anonymous accounts, generative artificial intelligence (AI) and recommender systems
• minimise provision of unlawful and harmful material and activity
• enable users to make reports and complaints about unlawful and harmful material and activity, and review and respond to these reports.

eSafety is empowered to request or require information about how services are meeting the Expectations, to drive industry transparency and accountability.

Notices eSafety has issued: Explore the range of notices sent to providers and the issues they address.  

Responses to notices: See how companies responded to eSafety’s inquiries and requests for accountability.  

Find out more about the Basic Online Safety Expectations.

eSafety is responsible for overseeing online safety codes for managing illegal and restricted online content. The Commissioner assesses whether the codes developed by industry bodies provide appropriate community safeguards. If so, they are registered; if not, the Commissioner can determine standards instead. eSafety is then responsible for enforcing the industry codes and/or standards.

The codes and standards apply to:

• social media services
• internet carriage services
• equipment providers
• app distribution services
• hosting services
• search engine services
• relevant electronic services
• designated internet services.

Phase 1 Industry Codes and Standards regulate Class 1A and 1B material, covering the most seriously harmful online content, including material that shows sexual abuse of children and acts of terrorism. They contain enforceable obligations that apply to eight sections of the online industry.

Phase 2 industry codes are being developed by industry associations to prevent children and young people under 18 from accessing or being exposed to age-inappropriate material. This covers pornography and other high-impact material such as content with themes of suicide, self-harm and serious illness including eating disorders. The codes will also ensure all other users are able to choose whether they want to interact with this type of content online.

The phase 2 industry codes, due to be submitted to eSafety by 28 February 2025, must provide appropriate community safeguards for the Commissioner to register them, otherwise mandatory standards can be introduced by eSafety.

eSafety can receive complaints about potential breaches of industry codes or standards from:

• Australian residents
• companies operating in Australia
• the Commonwealth of Australia
• an Australian State or Territory. 

We can investigate and take enforcement action if we find a service provider is non-compliant. We can also use the information to help understand and address wider issues around compliance with the industry codes and standards.

Find out more about the industry codes and standards.

The Online Safety Amendment (Social Media Minimum Age) Act 2024 introduces a mandatory minimum age of 16 for accounts on certain social media platforms. The age restriction requirements are due to take effect in 2025.

The change aims to strengthen existing measures for protecting young users, especially where there are particular risks associated with accessing potentially harmful social media content and features such as persistent notifications and alerts that have been found to have a negative impact on sleep, stress levels and attention.

The onus is on the applicable service providers to introduce systems and processes that ensure people under the minimum age cannot create and keep a social media account. This means there will be no penalties for age-restricted users who gain access to an age-restricted social media platform, or for their parents or carers.

The age restrictions will interact with the other online safety measures regulated by eSafety, so we will take a coordinated approach to making them mutually effective.

Find out more about the social media age restrictions.

While eSafety aims to work collaboratively with the tech industry, non-compliance with online safety regulations can lead to enforcement actions, including fines and civil penalties.  

Find out more about compliance and enforcement.

eSafety always aims to work with the tech industry to understand online safety issues and find mutually acceptable solutions that support the safety and wellbeing of users.

We have a track record of consulting with online service providers and their peak bodies to translate complex and novel online safety legislation into effective regulation.

Find out more about our consultation and cooperation.