Online Safety (Basic Online Safety Expectations) Amendment Determination 2023

We are seeking your feedback on an instrument to amend the Online Safety (Basic Online Safety Expectations) Determination 2022.

Why we want your input

As the online environment evolves, so too must the expectations on digital platforms to protect Australians online. This is your chance to have a say on the new and amended expectations that the Australian Government has for online service providers.

How you can voice your opinion

You can read the draft Online Safety (Basic Online Safety Expectations) Amendment Determination 2023 (Amendment Determination) and Consultation Paper, and provide a submission by 5pm on 16 February 2024. You can submit your response using the webform below or by email to BOSEreform@communications.gov.au.

What will be the outcome of this consultation?

Your submission will be considered by the Australian Government before the draft Amendment Determination is finalised.

The Issue

The Online Safety (Basic Online Safety Expectations) Determination 2022 (BOSE Determination), made under section 45 the Online Safety Act 2021 (the Act), sets out the Australian Government's minimum safety expectations of online service providers for protecting their Australian users. The BOSE Determination is an important instrument for promoting transparency and sets a benchmark for online service providers to take responsibility for online safety. The BOSE Determination as currently in force, and associated explanatory statement, can be found at www.legislation.gov.au.

Since the BOSE Determination first commenced in January 2022 the online environment has continued to rapidly evolve, presenting new challenges—including developments related to generative artificial intelligence (AI).

To address these developments the Minister for Communications, the Hon Michelle Rowland MP, has asked the Department of Infrastructure, Transport, Regional Development, Communications and the Arts (the department) to consult on proposed amendments to strengthen the BOSE Determination. These proposed amendments are designed to address emerging online safety issues and gaps in the original BOSE Determination, and to improve its overall operation.

The proposed amendments to the BOSE Determination set out in the draft Amendment Determination encompass new or amended expectations, and new reasonable steps online service providers could take in meeting expectations, to improve safety for end-users.

The proposals are grouped under the following themes:

  • Generative AI, recommender systems and user controls
  • The best interests of the child and restricting access to age-inappropriate materials online
  • Safety impacts of business and resourcing decisions
  • Online hate speech
  • Transparency
  • Enforcement of terms of use
  • Other clarification and improvements to the BOSE Determination.

We are inviting service providers directly affected by the proposed changes, and any other interested stakeholders, to make submissions on the draft Amendment Determination. The department welcomes feedback on the proposed changes, including whether the changes achieve their intended outcome, whether the changes are feasible, and any implementation risks.

The draft Amendment Determination is available below. To guide your reading of the document and inform your feedback, we have also made available:

  • a comprehensive consultation paper outlining the BOSE Determination and explaining the proposals in the Amendment Determination
  • a shorter and simplified summary of the BOSE Determination and proposed amendments.

Relevant documentation

Participate

22 Nov 2023 13:30 AEDT
16 Feb 2024 17:00 AEDT
Closed

We invite you to to tell us your views on this topic.

Please include:

  • contact name
  • organisation name, if applicable
  • contact details, including telephone number, postal and email addresses
  • confirmation whether or not your submission can be made public—published—or kept confidential.

All submissions to be made public need to meet the Digital Service Standard for accessibility. Any submission that does not meet this standard may be modified before being made public.

If your submission is to be made public, please ensure you do not include any personal information that you don't want to be published.

If your submission is confidential, please ensure each page of the submission is marked as confidential.

Please click on the 'Have your say now' button below to upload your submission.

This consultation is closed.

Australian Privacy Principle 5 Notice

Amending the Online Safety (Basic Online Safety Expectations) Determination 2022

The Department of Infrastructure, Transport, Regional Development, Communications and the Arts (the department) is collecting information for the purposes of public consultation on proposed amendments to the Online Safety (Basic Online Safety Expectations) Determination 2022 (BOSE Determination), in accordance with the Privacy Act 1988.

The department will use this information to inform consideration of the proposed amendments and will store the information securely. It may be used by the department to make further contact with you about the proposed amendments to the BOSE Determination.

Submissions, in part or full, including the name of the author may be published on the department's website unless the submission is confidential. Confidential submissions (including the author's name) will not be published. Private addresses and contact details will not be published or disclosed to any third parties unless required by law.

Submissions will only be treated as confidential if they are expressly stated to be confidential. Automatically generated confidentiality statements or disclaimers appended to an email do not suffice for this purpose. If you wish to make a confidential submission, you should indicate this by ensuring your submission is marked confidential on each page.

Confidential submissions will be kept securely and will only be disclosed in the following circumstances:

  • in response to a request by a Commonwealth Minister
  • where required by a House or a Committee of the Parliament of the Commonwealth of Australia
  • where required by law.

The department may also disclose confidential submissions within the Commonwealth of Australia, including with other Commonwealth agencies, where necessary in the public interest.

Please note that in order to protect the personal privacy of individuals in accordance with the Privacy Act any submissions containing sensitive information, personal information or information which may reasonably be used to identify a person or group of people may not be published, even if not marked as confidential.

The department's privacy policy contains information regarding complaint handling processes and how to access and/or seek correction of personal information held by the department.

The Privacy Officer can be contacted on 02 6274 6495 or by email: privacy@infrastructure.gov.au.