Proposed eSafety Codes

In 2022, eSafety started to develop Codes for industry safety online. There are six of these Code currently in operation, as well as two industry standards. These Codes and standards set out how internet services must regulate harmful online material. There have recently been two Phase 2 Codes submitted to eSafety. If adopted, these Codes would require tech companies to take steps to prevent children from accessing adult material online.

What is in the Codes?

The Codes are being developed under the Online Safety Act 2001 and relate to Class 1C and Class 2 material. They are being developed based on an eSafety Position Paper that was released in July 2024. The draft Code have not so far been publicly released.

The Phase 1 codes, which were developed between 2021 and 2023, apply to Class 1 material, which includes child exploitation material and material advocating terrorism.

The Phase 2 Codes aim to protect children from harmful content such as pornography and other inappropriate material. They also aim to equip all Australians with the tools to use to limit their own exposure to such material if they choose to do so.

Class 1C material

Class 1C material includes online pornography that depicts or describes specific fetish practices or fantasies.  

Class 2 material

Class 2 material is material that is likely to be classified X10+ or R18+ under the national classifications system because it is inappropriate for the general public or for people under 18.

Class 2A material

Class 2A material includes pornography that depicts actual sex between consenting adults (sex that is not simulated).

Class 2B material  

Class 2B material also includes pornography that involves realistically simulated sexual activity between adults or high-impact nudity as well as other high-impact material such as material that includes drug use, nudity, violence, language and adult themes such as suicide, addiction, racism, death and serious illness. It also covered simulated gambling in computer games (Class 2B material).

Rationale for Phase 2 Codes

The 2024 eSafety Position Paper found that a high number of young people was encountering pornography at a very early age, with the average age for first viewing of pornography being 13.6 years. 58% of young people who encountered pornography online did so accidentally.

The Paper noted that many pornography sites are free to use and do not require registration. Young people were found to have viewed pornography through tube sites as well as through social media and to done so on laptops, desktops, smart devices and through gaming consoles.

A 2022 eSafety study found that more than a third of Australians aged between 14 and 17 had seen violent images or videos online, and one in five having seen violent sexual imagery or videos, with many young people describing seeing this content as ‘unavoidable’.  

eSafety found that 37% of people aged 14 to 17 had found content related to drug use online.

The Phase 2 Codes are being developed to protect children from coming into contact with this material and to allow adults to choose to use tools to limit their access to such content.

Protective measures under phase 2 Codes

The Phase 2 Codes will aim to hold all industry sections responsible for limiting the exposure of children to harmful material. For some services, this will involve implementing measures to confirm the age of users. For others, it may involve filtering, parental controls, and safety settings.

Filtering

Filtering may involve blocking whole websites or it may be applied within individual services online so that a user can still use the service but cannot view particular content.

Parental controls

Parental controls may include the use of filtering as well as other control measures such as limited a child’s access to the internet.

Safety settings

Safety settings may include filters, parental control, and other measures that may involve the use of privacy controls, that allow a user to choose what information about them is shared with others.

Other measures

There are other measures that may also be required to be taken. One example is requiring hosting services to set terms for the services they host that require them to take reasonable steps to prevent children from accessing pornography and to comply with the Phase 2 Codes. If a service fails to comply, the hosting service could take enforcement action such as suspending their service.

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