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Chronicles

The story behind the story

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Australia's eSafety Commissioner issued notices to internet firms asking for an enforceable code to protect kids from pornography and other content by October 3

Byron Kaye / Reuters :

Reuters Byron Kaye

Context & Ripple Effects

Australia had previously stepped back from a mandatory porn-site age-verification plan over privacy and security concerns. The new notices shift the policy effort toward an enforceable industry framework rather than leaving child protection solely to parent education.

The move fits eSafety's broader willingness to press major online intermediaries, from its earlier criticism of Apple and Microsoft’s CSAM safeguards to later scrutiny of gaming platforms’ child-safety practices.

First-order effects

  • Internet firms receiving notices must engage with eSafety on a proposed enforceable code and respond to the October 3 timetable.
  • eSafety gains a concrete mechanism to define expected protections around pornography and other harmful material for children, rather than relying only on voluntary practices.

Second-order effects

  • A common code could push affected services to align moderation, age-gating, and reporting processes, reducing the scope for firms to set materially different child-safety baselines in Australia.
  • The approach reopens the implementation challenge exposed when Australia dropped a mandatory age-verification proposal: firms must balance effective access controls with privacy and security concerns.

Third-order effects

  • If enforceable codes become eSafety's recurring tool, platform governance may increasingly be set through sector-wide safety obligations backed by a specialist regulator rather than company-by-company commitments.
  • This is an early instance of access-control regulation extending from discrete illegal-content concerns toward broader age-appropriate service design; its durability will depend on whether the code can be enforced without reproducing the privacy problems of earlier proposals.

The trend: Australia is moving toward regulator-backed, sector-wide access and safety rules that make online platforms responsible for age-appropriate protections.

Discussion

  • @asher_wolf Asher Wolf on x
    Why has eSafety handed off drafting of legislation to social media companies and adult industries rather than re-engaging the broader community this legislation will effect? Such poor behaviour from eSafety
  • @esafetyoffice @esafetyoffice on x
    eSafety has issued notices to key members of the online industry giving them 6 months to draft enforceable codes that will protect children from graphic pornography and other high-impact content 🔞 Read more: https://news.esafety.gov.au/ 3zyVqDc [image]
  • @thejollygrimrea @thejollygrimrea on x
    This is ridiculous @tweetinjules @eSafetyOffice “On 1 July 2024, eSafety issued eight Notices under section 141(1) of the OSA (the section 141 Notices) to five industry bodies and associations (the Notice Recipients) for the development of the Phase 2 Codes: • Australian