Announcement date
21 June 2024
Link to announcement
https://www.esafety.gov.au/newsroom/media-releases/statement-announcement-of-age-assurance-trial
Explanatory statement for the Online Safety (Relevant Electronic Services – Class 1A and 1B Material) Industry Standard 2024: https://www.legislation.gov.au/F2024L00711/asmade/2024-06-21/es/original/pdf
Explanatory statement for Online Safety (Designated Internet Services – Class 1A and 1B Material) Industry Standard 2024: https://www.legislation.gov.au/F2024L00710/asmade/2024-06-21/es/original/pdf
Problem being addressed
The problem the standards seek to solve is the increasing prevalence of illegal and harmful class 1A and 1B content on relevant electronic services (a service which enables end-users to communicate e.g. email, instant messaging) and designated internet services (e.g. apps, websites, online storage services) and the role these services have in the creation, distribution and storage of such material. The internet has proven indispensable in many people’s lives, but the production, distribution and consumption of illegal and harmful class 1A and 1B content such as child sexual abuse material, pro-terror and extreme violence material has become widespread on relevant electronic services and designated internet services.
Illegal and harmful online content can cause serious and long-term physical, psychological, and financial damage to victim-survivors, to their families and communities, and to the Australian economy. Victims of child sexual abuse may suffer ongoing harms from the sexual abuse or exploitation itself, and from the repeated sharing and viewing of the abuse material. Exposure to pro-terror and extreme violence material has the potential to cause individuals harm as well as potentially impacting all Australians through the radicalisation of at-risk individuals leading to an increase in real-world violence.
Proposal
The Impact Analysis considers options to enable the eSafety Commissioner to determine industry standards for relevant electronic services (RES) and designated internet services (DIS) to ensure that each sector of the online industry offers meaningful protections to end-users in Australia in respect of class 1A and class 1B material.
The Impact Analysis outlines the case for, and the estimated impact, of the introduction by the eSafety Commissioner of the following two new statutory instruments:
- the Online Safety (Relevant Electronic Services – Class 1A and Class 1B Material) Industry Standard 2024; and
- the Online Safety (Designated Internet Services - Class 1A and Class 1B Material) Industry Standard 2024
Assessed Impact Analysis outcome
Exemplary
Assessment comments
The Office of Impact Analysis’ (OIA) assessment is that the quality of the analysis in the IA is exemplary. OIA considers all viable options have been examined and that the analysis in the Impact Analysis is commensurate with the complexity and magnitude of the problem.
The process followed to develop the Impact Analysis was of a particularly high standard. The Impact Analysis contains strong responses to each of the seven Impact Analysis questions, and of particular note is the:
- clear articulation of the problem through a use of quantification where possible, together with the application of a method that draws from international experiences to establish compliance costs; and
- explanation of how stakeholder views shaped the options and informed the impact analysis.
The OIA acknowledges the considerable effort, commitment and engagement by the eSafety Commissioner’s team in the formulation of this Impact Analysis.
Regulatory burden
The eSafety Commissioner estimates regulatory costs in the order of $21 million per year for Australian businesses in scope, with the cost burden mostly incurred in the first year for high-risk services that are subject to obligations under the Standards and, who have no existing mitigations.