eSafety's decision to reject online safety codes welcomed


By Dylan Bushell-Embling
Tuesday, 06 June, 2023

eSafety's decision to reject online safety codes welcomed

International Justice Mission Australia (IJM Australia) has supported the eSafety Commissioner’s decision to reject two online safety codes drafted by the internet industry for failing to provide adequate community safeguards to deal with illegal and harmful online content.

eSafety Commissioner Julie Inman Grant has elected not to register two of eight online safety codes submitted by the industry, electing instead to develop mandatory and enforceable industry standards to cover the sections of the online industry that would have been covered by them.

The rejected codes include the Designated Internet Services (DIS) code, covering apps, websites and cloud storage services including Apple iCloud and Microsoft OneDrive. The second rejected code, the Relevant Electronic Services (RES) code, covers dating sites, online games and instant messaging.

IJM Australia CEO Steve Baird said the organisation commends the decision to reject the codes.

“Drawing on our experience working with law enforcement and child victims in the Philippines, we have previously flagged concern about the draft RES and DIS codes, so we are pleased to see the eSafety Commissioner insist that these two sections of the online industry do more to protect the community,” he said.

“Australians are among the worst offenders when it comes to purchasing the live-streamed abuse of young children in the Philippines. It’s important that eSafety as the regulator, together with law enforcement, leads the way in shutting down this abhorrent, growing crime.”

Baird said IJM shared the concerns expressed by the Commissioner, noting that the draft DES code did not require online storage platform providers to remove known child sexual abuse material, or take action to detect or disrupt such material.

Meanwhile the draft RES code exempted encrypted services from a requirement to proactively detect for known child sexual abuse material, despite the availability of technological tools capable of doing just that without compromising user privacy.

IJM Australia also welcomed the decision to accept the remaining codes, which are enforceable. Under the Online Safety Act, eSafety is now able to impose fines of up to $700,000 per day for ongoing breaches.

“It is absolutely critical that we maintain the focus on online safety to protect children across the world, and it is important we maintain and adapt our approach to ensure that we meet the current and emerging challenges in this space,” Baird said.

Image credit: iStock.com/Tero Vesalainen

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