What Australia Online Safety Act 2021 - eSafety Commissioner Removal Notice Scheme requires
The Online Safety Act 2021 (Cth) establishes the eSafety Commissioner as the federal regulator with formal removal-notice powers across multiple harm schemes: Part 5 cyberbullying material targeted at an Australian child (section 65 removal-notice authority, 24-hour compliance window, end-user notice power under section 70); Part 6 non-consensual intimate images (sections 77-79 removal-notice authority to service providers and hosting service providers, 24-hour compliance window); Part 9 Online Content Scheme for Class 1 material (section 109 removal-notice authority to social media services, relevant electronic services, designated internet services, and hosting service providers regarding Class 1 material that depicts, expresses, or otherwise deals with matters such as crime, cruelty, sexual violence, gratuitous sexual or violent conduct, or detailed instruction in crime). Part 7 Adult Cyber Abuse adds removal-notice powers for material targeting an Australian adult that is menacing, harassing, or offensive. Service providers face civil penalty provisions under section 162 for non-compliance with removal notices, with the Commissioner empowered to issue formal warnings, accept enforceable undertakings, seek injunctions, and impose substantial civil penalties enforceable through the Federal Court of Australia.
Pillar: Adult Industry & Sexual Content Compliance · Authority: Parliament of Australia - Online Safety Act 2021 (Cth), Act No. 76 of 2021, assented 23 July 2021, commenced 23 January 2022; administered by the eSafety Commissioner (Australian Communications and Media Authority statutory office) · Version: 1.0.0 · Last updated:
Primary source: https://www.legislation.gov.au/C2021A00076/latest/text
SHA-256 integrity: 8a8d1be387539ec5e55affe1180a335e82c4913c99e21be90e87a6d2d77a38d5
Primary Citations — 6 traced to source
- Online Safety Act 2021 (Cth) Section 65 (Removal notices given to provider of social media service, relevant electronic service or designated internet service - cyberbullying material targeted at an Australian child): empowers the Commissioner to give a removal notice if (a) cyberbullying material targeted at an Australian child is provided on the service; (b) the Commissioner is satisfied that the material is cyberbullying material targeted at an Australian child; and (c) the Commissioner is satisfied it is appropriate to give the notice
- Online Safety Act 2021 (Cth) Section 67 (Service provider obligations - compliance with removal notice): a service provider given a removal notice under Section 65 must comply with the notice within 24 hours after the notice was given, or such longer period as the Commissioner allows
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