Commonwealth Act
Online Safety Act 2021 (Cth)
The Online Safety Act gives the eSafety Commissioner powers and sets online safety rules that can affect platforms, apps and user-generated...
Plain-English explainers, not legal advice. Use the linked official source for section-level detail, and get advice for your situation.
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Quick read
- The Online Safety Act matters most to businesses that host content, accounts, messaging, forums or social features.
- Even a small digital product may need moderation, reporting channels, terms of use and escalation processes if users can post, share or contact each other.
Likely relevant if
- Platforms, apps and online communities with user-generated content
- Marketplaces, social products and messaging services
- Businesses marketing to children or hosting interactive online features
Check first
- Check whether the product is a covered online service or platform.
- Maintain clear user rules, reporting channels and moderation workflows.
- Respond promptly to serious harmful content or eSafety notices.
What happens if you get it wrong
Penalties & enforcement
The eSafety Commissioner can issue notices, require removal or remedial action and seek enforcement outcomes. Penalties and service-specific duties should be checked against the current Act and eSafety guidance.
Enforced by eSafety Commissioner
When this shows up in real life
Adding community features
Before launch, write platform rules, moderation escalation paths and response playbooks for abusive or illegal content.
Receiving a complaint about harmful content
Preserve relevant records, assess the content against your terms and legal duties, and respond within any notice timeframe.
Plain-English glossary
- Online service
- A broad category that can include social media, messaging, hosting and other internet services depending on the feature set.
- eSafety notice
- A notice from the eSafety Commissioner requiring action in relation to certain online safety matters.
Common questions
Does this apply to a normal business website?
A simple brochure site is usually lower risk. Interactive services, user accounts, comments, messaging or community features need closer review.
Is a terms-of-use page enough?
No. Terms help, but the product also needs workable reporting, moderation and escalation processes.
Related topics
How Sprintlaw can help
Update history
Deepfake and online safety Bill added to tracker
A private Senator's Bill proposes Online Safety Act and Privacy Act changes for non-consensual digitally altered or artificially generated face or voice material.