Comply with online safety industry codes (Phase 1 + 2)
Eight industry sections covered by binding codes under the Online Safety Act 2021.
Who must comply
Participants in each online industry section: social media services, app distribution services, hosting services, internet carriage services, equipment providers and search engine services (Unlawful Material Codes); relevant electronic services and designated internet services (Unlawful Material Standards); and, for age-restricted material, hosting, carriage, search, app distribution, equipment, social media (core and messaging features), relevant electronic and designated internet services.
What triggers it
Providing an online service or equipment in an industry section covered by a registered code or a determined standard.
When due
Continuously from each instrument's commencement (Age-Restricted Material Codes: 27 December 2025 for hosting, carriage and search; 9 March 2026 for the other six sections), with compliance reporting and communication with eSafety as each code or standard specifies.
Evidence required
Assessment of which industry sections and which code or standard apply to each service; documented compliance measures for class 1A, 1B, 1C and class 2 material; compliance reports provided to eSafety; records of responses to eSafety directions and formal warnings.
Max penalty
Failing to comply with an eSafety direction to comply with a registered industry code (s 143(2)), or failing to comply with an industry standard (s 146(1)), carries a civil penalty of up to 30,000 penalty units, $10.92M, enforceable under Part 4 of the Regulatory Powers (Standard Provisions) Act 2014 (Online Safety Act 2021 s 162). eSafety can also issue formal warnings for code or standard breaches (ss 144, 147)
Who must comply with this? The applicability test by industry, business structure and size.
Summary
The Online Safety Codes and Standards, registered or determined under the industry codes and standards provisions (ss 140-150) of the Online Safety Act 2021 and enforced by the eSafety Commissioner, were developed in two phases. The Unlawful Material Codes and Standards (six codes and two standards) deal with class 1A and 1B material such as child sexual exploitation and pro-terror material. The Age-Restricted Material Codes (nine codes) deal with class 1C and class 2 material such as online pornography that is inappropriate for children: three codes took effect on 27 December 2025 and six on 9 March 2026. Providers must apply the code or standard for each online industry section they participate in, which can mean several for one business, and report on compliance measures as the instrument requires. eSafety keeps a public register of codes and standards and publishes regulatory guidance, updated in September 2026 after a Federal Court judgment.
Enforced by
Source legislation
Industries
Topics
Related
Reading
Frequently asked questions
- Who must comply with online safety industry codes (Phase 1 + 2)?
- Participants in each online industry section: social media services, app distribution services, hosting services, internet carriage services, equipment providers and search engine services (Unlawful Material Codes); relevant electronic services and designated internet services (Unlawful Material Standards); and, for age-restricted material, hosting, carriage, search, app distribution, equipment, social media (core and messaging features), relevant electronic and designated internet services.
- What triggers online safety industry codes (Phase 1 + 2)?
- Providing an online service or equipment in an industry section covered by a registered code or a determined standard.
- When is online safety industry codes (Phase 1 + 2) due?
- Continuously from each instrument's commencement (Age-Restricted Material Codes: 27 December 2025 for hosting, carriage and search; 9 March 2026 for the other six sections), with compliance reporting and communication with eSafety as each code or standard specifies.
- What is the maximum penalty for online safety industry codes (Phase 1 + 2)?
- Failing to comply with an eSafety direction to comply with a registered industry code (s 143(2)), or failing to comply with an industry standard (s 146(1)), carries a civil penalty of up to 30,000 penalty units, $10.92M, enforceable under Part 4 of the Regulatory Powers (Standard Provisions) Act 2014 (Online Safety Act 2021 s 162). eSafety can also issue formal warnings for code or standard breaches (ss 144, 147)
- What evidence is required for online safety industry codes (Phase 1 + 2)?
- Assessment of which industry sections and which code or standard apply to each service; documented compliance measures for class 1A, 1B, 1C and class 2 material; compliance reports provided to eSafety; records of responses to eSafety directions and formal warnings.
Source: https://www.esafety.gov.au/industry/codes. Rules Mate is not a law firm. Always verify against the live regulator source before acting.