What the Online Safety Act 2021 actually covers

The big idea

Before 2021, Australians had little recourse when harmful material stayed up online. The Online Safety Act 2021 changed that: it made the eSafety Commissioner the national regulator with real teeth — the power to order platforms to remove seriously harmful material, and to penalise them when they don’t comply.

The four reporting schemes

1. 1

   Cyberbullying (children)

   eSafety can order removal of material that is seriously threatening, intimidating, harassing or humiliating to an Australian child — typically within 24 hours of a decision. Report to the platform first; eSafety steps in if it’s not removed.

2. 2

   Adult cyber abuse

   For material intended to cause serious harm to an Australian adult — menacing, harassing or offensive. Platforms that ignore removal notices face civil penalties of up to 500 penalty units.

3. 3

   Image-based abuse

   Intimate images shared (or threatened to be shared) without consent. eSafety can order removal, issue formal warnings, and penalise the person who shared them — not just the platform.

4. 4

   Illegal and restricted content

   Class 1 and class 2 material (e.g. child sexual abuse material, extreme violence) can be ordered down. eSafety can also require ISPs to block abhorrent violent conduct material in crises — the rapid website-blocking power.

What the Act doesn’t do

• It doesn’t cover scams or financial fraud — that’s Scamwatch/ReportCyber territory.
• It doesn’t make platforms police everything — the schemes are complaint-driven, with thresholds like “serious harm”.
• It doesn’t replace criminal law — serious threats, stalking and exploitation are still police matters.

The social media minimum age

Amendments commencing 10 December 2025 added the social media minimum age framework: age-restricted platforms must take reasonable steps to prevent under-16s from holding accounts. Obligations fall on platforms, with eSafety overseeing compliance. See our parent’s guide for the practical detail.