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AU Online Safety Act

Online Safety Act 2021

Grants eSafety Commissioner powers to issue removal notices with 24-hour compliance. Basic Online Safety Expectations (BOSE) formalize baseline safety governance requirements.

Jurisdiction

Australia

Enacted

Pending

Effective

Jan 23, 2022

Enforcement

eSafety Commissioner

Federal Register of Legislation

Why It Matters

Australia is among the most explicit and proactive regulators on AI chatbot safety and self-harm specifically. eSafety actively targeting AI chatbots with legal notices and enforcement powers. Non-compliance with reporting notices: up to AUD $825,000/day.

Recent Developments

eSafety issued legal notices to AI companion providers (Oct 23, 2025) demanding child safety control explanations, explicitly citing suicide/self-harm risks. Companies notified: Character.AI (~160K Australian MAUs as of June 2025), Nomi (Glimpse.AI), Chai Research, Chub AI.

At a Glance

Applies to

AI CompanionChatbot ServiceOnline Platform

Who Must Comply

  • Online services available to Australians

Safety Provisions

  • Removal notices with 24-hour compliance requirement
  • Class 1 material (CSAM, terrorism, extreme violence) must be removed
  • Basic Online Safety Expectations: safety by design, responsiveness, transparency
  • Industry codes for harmful content categories

Compliance & Enforcement

Key Dates

Jan 23, 2022

Act fully in force

Jan 1, 2024

Phase 1 Unlawful Material Codes in operation

Dec 27, 2025

Phase 2 first tranche codes effective (hosting, search engines)

Mar 9, 2026

Phase 2 second tranche codes effective (social media, apps)

Jun 27, 2026

Search engines implement logged-in age assurance

Sep 9, 2026

App stores implement age assurance for 18+ apps

Penalties

A$825K/day

View on map

Australia

Focus Areas

Mental health & crisis
Child safety
Active safeguards required

Cite This

APA

Australia. (2022). Online Safety Act 2021.

Related Regulations

In Effect AU

AU OSA Phase 2 Codes

Phase 2 industry codes under Australia's Online Safety Act extending age-restricted material obligations to AI companion chatbots, generative AI services, search engines, app stores, and gaming platforms. Requires robust age assurance, prohibits AI-generated sexually explicit conversations with minors, and mandates suicide/self-harm content safeguards.

In Effect UK

UK OSA

One of the most comprehensive platform content moderation regimes globally. Creates specific duties around suicide, self-harm, and eating disorder content for children with 'highly effective' age assurance requirements.

Proposed AU

AU Digital Duty of Care Bill

Government bill amending the Online Safety Act 2021 to impose a digital duty of care on online service providers, including online games, apps and AI chatbots, requiring them to protect under-18s from design features with negative behavioural impacts and from listed categories of harmful content, and to document and maintain measures against identified risks. Social media platforms would have to offer users a choice of a non-personalised default feed ("My Feed, My Way").

In Effect MX

MX Safe Digital Environments Decree

Mexican presidential decree, binding nationwide, that prohibits digital platforms from giving children and adolescents access to, exposure to or recommendations of seven listed content categories, including suicide, self-harm and eating disorders, and requires age assurance beyond self-declaration, parental supervision tools, strictest-by-default settings for new accounts, periodic risk assessments and a 24/7 law-enforcement contact point.

In Effect BR

Brazil ECA Digital

Comprehensive child digital safety law applying to any IT product or service directed at or likely to be accessed by minors in Brazil, with extraterritorial reach.

In Effect GB

Ofcom Children's Codes

Ofcom codes requiring user-to-user services and search services to protect children from harmful content including suicide, self-harm, and eating disorder content. Explicitly covers AI chatbots that enable content sharing between users. Requires detection technology, content moderation, and recommender system controls.

Last updated February 17, 2026. Verify against primary sources before relying on this information.