Federal Government Moves to Expand Its Power to Take Down Online Porn


When classifying films, including online porn, the Australian Classification Board is legally required to take into account:

‘the standards of morality, decency and propriety generally accepted by reasonable adults’ 1


On 22 June 2021, the Federal Government passed a bill (Online Safety Bill 2021that would expand its powers to take down online porn from social media and websites. Part 9 of this bill negatively affects porn stars and sex workers, not only in Victoria but across Australia, by threatening their ability to produce an income. Being able to create and display porn online has become increasingly important to sex workers .It now seems likely the bill will become law. A number of proposed amendments designed to better protect porn performers and sex workers from government over reach were not adopted in the final version of the bill, which passed.

The Sex Industry Needs Certainty

Like any industry, the sex industry is seeking certainty that it can function with some sense of predictability re the environment within which it operates. Knowing that the Australian eSafety Comissioner has the legal power to take down online porn content, so vital to the operation of the porn and sex work industries, creates a sense of insecurity amongst sex workers. Experiences of the impacts of state/territory sex work laws which criminalise aspects of sex work along with FOSTA/SESTA laws in the USA have taught sex workers that such laws are an invitation for vexatious complaints. 

Disgruntled clients or those morally opposed to pornography or sex work may be inclined to lodge formal complaints against online adult content they disapporove of. After all, the Online Content Scheme operates as a complaints based model. In these circumstances, the eSafety Commissioner has to decide whether to take down the content or not. Her discretion is what we will rely on. That’s hardly a situation that provides us with either a sense of business certainty or online content legal security.

Now that the Online Safety Bill 2021 has passed, we can only trust in the eSafety Commissioner’s insistence that her powers will be exercised in relation to harmful online content rather than consensual adult porn. 

Assessing the Impact of the Online Safety Bill 2021

While the eSafety Commissioner has published information about the exercise of take down powers in annual reports, there is no legal requirement to do so. Even if such statistics were published, there would be no way of ascertaining whether take down powers had been used to target harmful content (such as child abuse images) or to target consensual adult pornography. This is because the Online Content Scheme creates two Classes of content, and each class contains both adult porn and harmful content (such as child abuse or terrorism-related content). So, even if we knew that 100 take down notices for Class 1 material had been issued in any given year, depending on the level of detail provided, there may be no way of knowing how many of those 100 take down notices related to fetish porn as opposed to harmful content.

The best place to read about the history of the Online Safety Bill 2021 is the Australian Parliament webpage dedicated to the Bill. This page includes links to amendments, committee hearings, inquiries and more. Below is our summary of the key developments of the bill most relevant to the sex industry.

Two days before Christmas, on 23 December 2020, the Australian Government revealed a Draft Exposure version of the Online Safety Bill 2020. Part 9, the anti-porn Part, sought to increase government powers to take down online porn. Submissions to the relevant Department were open until mid-February 2021. 376 submissions were received before the deadline, with the vast majority (333) being from individuals. Most of the individual submissions expressed concerns about the Online Content Scheme and its potential to negatively impact online adult porn. Of the 376 submissions, 201 were public submissions where the author granted permission for the Department to publish the submission. The Department published all 201 public submissions on 4 March, 2021.

On 24 February 2021, a largely unamended version of the Bill (still with the anti-porn Part 9 included) was introduced to the Australian Parliament, bringing the Bill closer to passing into law. The Bill was now officially named "Online Safety Bill 2021". The Minister for Communications, Urban Infrastructure, Cities and the Arts, Paul Fletcher read the Second Reading failing to acknowledge the Bill’s impact on consensual adult porn.

In relation to Part 9, he said Part 9 would target the ‘worst of the worst’ content such as ‘child sexual exploitation material’36. He failed to acknowledge that Part 9 relates to consensual adult online porn.

The following day the Bill was referred to Committee, with a second round of submissions accepted. Submissions closed on 2 March 2021.

On 5 March, 2021, a public hearing took place where members of the Committee asked questions of key stakeholders, including Scarlet Alliance, Digital Rights Watch and the Office of the eSafety Commissioner.

The Committee has published  all 135 submissions.

On 12 March 2021, the Committee published its report, recommending the entire Bill pass, including the anti-porn Part 9.

On 16 March, the Bill passed the House of Representatives, with the Greens opposing the Bill and the Opposition requiring amendments relating to increased transparency. The Bill is still not law as it must also pass the Senate.

Link to the Bill’s progress through Parliament.

On 17 March 2021, the Bill was introduced to the Senate, where the following amendments will be considered. The amendments require the eSafety Commissioner to publish annual statistics on the number of notices given under different sections of the Act.

Senate Committee Report Recommends Passing Bill

On 12 March 2021, the Senate Committee published its report (37) on the Online Safety Bill, recommending the Bill be passed by the Australian Parliament (38). The two Labor Committee members recommended amendments in order to increase transparency and oversight requirements(39).

The two Greens’ Committee members, Senators Sarah Hanson-Young and Nick McKimpresented views focussing on the concerns of sex workers, and noted that more than a quarter of all organisational submissions came from sex worker or porn perfomer related groups (40).

The Australian Greens recommended the bill be withdrawn and redrafted due, in part, to ‘potential significant and detrimental effects on sex workers’ (41).

The Bill is not yet law. It will still need to be voted on in parliament and will only pass if it receives enough votes. The dates of the vote have not yet been announced. 

Why Is the Committee Not Concerned About the Bill’s Impact on Sex Workers?

The Committee acknowledged concerns about the Online Content Scheme (contained in Part 9, which is the part which has the biggest impact on online porn) (43), as well as a lack of adequate checks and balances on the power of the eSafety Commissioner (44)

Arguably, the most influential stakeholder in this debate is the Australian eSafety Commissioner, Ms Julie Inman Grant. The report stated the Commissioner ‘strongly supported the Bill’ (45). Furthermore, the Commissioner appears to have convinced the Committee that limits on her power are already adequate and that the Bill will not negatively impact porn performers or sex workers.

The Committee found that the Bill limits the Australian eSafety Commissioner’s powers by providing for administrative and judicial review of individual decisions made by the Commissioner(46). In relation to concerns about online porn, the Committee appears to have been reassured by the Commissioner’s insistence that the implementation of the Bill’s powers would focus on real damage and harm online, rather than on notions of morality and obscenity. 

Ms Inman Grant reiterated that a goal of the proposed Online Content Scheme is to modernise and pivot the Broadcasting Services Act 1992, which was: 

…based on a morality and obscenity code—to one that uses an online harms lens, which we think is a more accurate and a better way to not put values and morality into the decision-making process and really look at the tweeter, the post, and the damage and harm it’s causing to the person on its face. And so that’s why I think updating and modernising the scheme is really important, because community standards have changed over that time as well. (47)

The Bill passed the Senate on 22 June 2021 and this is expected to become law shortly.

There have been two separate consultations in relation to the Online Safety Bill. 

Departmental Submissions (February 2021)

The first consultation was a Departmental consultation which concluded in February, 2021. You can read submissions to this consultation below. All 201 public submissions have now been made public. 

See list of all 201 public submissions

You can read some of the key submissions which discuss the sex industry below. 

Sex Work Law Reform Victoria Inc. submission

Australian Lawyers Alliance submission

Digital Rights Watch submission

Eros Adults Only Association submission

Magenta (Western Australian sex worker organisation)

Scarlet Alliance submission

SWOP NSW

Thorne Harbour Health (LGBTIQ health in Victoria)

Touching Base (sex work and people with a disability)

Working Man (Victorian gay male sex workers) submission

Parliamentary Committee Submissions (March 2021)

The second consultation was a Parliamentary Committee (the Senate Standing Committees on Environment and Communications) which concluded on 2 March, 2021. Submissions are being progressively published by the Committee. You can read submissions to this consultation below.

Submission 2 (Eros the Adults Only Association)

Submission 4 (Working Man – Victorian M2M Sex Workers)

Submission 8 (Behind Closed Doors – Australian sex work radio show)

Submission 9 (Australian Lawyers Alliance)

Submission 10 (Victorian Pride Lobby)

Submission 11 (Red Files – Australian Sex Workers)

Submission 12 (Sex Work Law Reform Victoria)

Submission 13 (Scott Ludlam – former Greens Senator)

Submission 21 (Respect Inc. – Queensland sex workers)

Submission 24 (Somatic Sex Educators Association of Australasia)

Submission 27 (Digital Rights Watch Inc.)

Submission 34 (Assembly Four)

Submission 36 (Scarlet Alliance)

2 February 2021

‘Your business could be ruined in 24 hours’: The Australian sex industry says a new law could force them off the internet by Cameron Wilson for Business Insider Australia

12 February 2021

Australia’s eSafety Commissioner will be able to force platforms to get rid of BDSM and fetish content — and Australia’s sex industry isn’t happy about it by Cameron Wilson for Business Insider Australia

20 February 2021

Sex workers fear a new wave of deplatforming — and the proposed Online Safety Bill by James Purtill for ABC News

1 March 2021

Rushed Through Parliament: Sex Workers’ Concern About Online Safety Act by Eden Gillespie for SBS

Fears online safety law could censor all adult content and force sex workers off internet by Josh Taylor for The Guardian Australia

5 March 2021

Sex industry ‘not my concern’: eSafety Commissioner defends proposed new powers by Lisa Visentin in The Age

Australia’s sex workers concerned by ‘rushed’ new powers for the eSafety Commissioner by Sarah Basford Canales in The Canberra Times

10 March 2021

Online Safety ‘sausage’ is still getting made by Denham Sadler for Innovation Australia

14 March 2021

‘Australia’s FOSTA-SESTA with Dean Lim’

Behind Closed Doors (sex work radio show) host Dean Lim was interviewed on Sydney community radio show “Smart Making Sense”. Discussion of the Online Safety Bill 2021 begins at the 6 minute 40 second mark.

17 March 2021

Govt to amend Online Safety Bill with Labor support by Denham Sadler for Innovation Australia

18 March 2021

How the Online Safety Bill Could Endanger Free Speech and Democracy podcast on Apple Podcasts. The Guardian Australia’s podcast “The Full Story” interviews Victorian porn performer Charlie Forde and Guardian Tech reporter Josh Taylor. 

23 March 2021

Why the rush? Online Safety Bill still not passed by Denham Sadler for Innovation Australia

9 April 2021

Op-ed: Greens dodge bill for women’s safety Opinion piece by the Minister for Communications, Paul Fletcher

11 May 2021

The protections of Australia’s online safety bill exclude us sex workers Opinion piece by Sydney based sex worker Gala Vanting, national programs manager at Scarlet Alliance, Australian Sex Workers Association

23 June 2021

Parties unite to deliver greater internet censorship powers to government-appointed official’ by Cameron Wilson for Crikey.com.au

15 September 2021

The UK failed with age verification for porn. Now Australia’s trying itby Ben Grubb for Innovation Australia

How the Laws Impact Sex Workers

In decades past, the activities of porn stars and of sex workers providing in-person services to paying clients were seen as separate types of work. But with expanding internet and social media and the rise of DIY porn websites such as OnlyFans, the line between traditional sex work and porn is increasingly blurred.

Many sex workers in Australia create nude or pornographic images on the internet to establish their brand, attract clients and advertise their sex work services. Sex workers and their clients also consume online porn, as do most Australians.2 People who are neither sex workers nor porn performers also create online porn.

The Federal Government has recently moved to expand its powers to take down adult content from websites and social media platforms. What are these proposed anti-porn laws, how will they impact sex workers and what can you do to help keep our porn online?

The Impact of Coronavirus Restrictions on Online Porn

Across Australia, state governments responded to the coronavirus pandemic by imposing various restrictions on workplaces and occupations. The sex industry suffered the most severe negative impact, with blanket bans on all forms of sex work applying in some states, most notably Victoria.

In Victoria, coronavirus restrictions were by far the most severe and longest lasting in Australia. The complete ban on all forms of in-person sex work lasted for many months, upending the lives of all sex workers in that state. Unable to see clients in person, many sex workers turned to alternative ways of generating income, such as creating online porn content on rapidly growing websites such as OnlyFans. This move to online porn creation appears to be ongoing, with many sex workers maintaining an online porn presence even after coronavirus restrictions were lifted.

Not only sex workers lost their jobs due to coronavirus restrictions. Job losses in key industries such as hospitality led to a number of adults creating online porn content for the first time as an alternative source of income.

Clients of sex workers, unable to see them in person, increased their consumption of online porn.

In greater Melbourne, the sex lives of the general public overall were also upended for months, with a total ban on visitors to one’s home, effectively ruling out casual sexual encounters. It is likely that this ban resulted in increased online porn consumption on the part of the general public. In short, the coronavirus pandemic has permanently increased the production and consumption of online porn across Australia, especially in Victoria.

Sex worker safety, violence prevention for sex workers
Estelle Lucas (Twitter: @Estelle_Lucas) is a Victorian based sex worker who began creating content on online porn website OnlyFans during the period of coronavirus restriction in 2020. Following the lifting of Victoria’s coronavirus restrictions in late 2020, Estelle continues to use online porn creation as an additional source of income.

Why is Sex Work Law Reform Victoria Taking a Stand on Porn Laws?

Our mission is to advocate for equality before the law for all sex workers in Victoria. Thousands of Victorian sex workers create and use adult images and videos to support their in-person sex work, and as an additional income stream when unable to or prevented from working in person – as was frequently the case during the COVID restrictions of 2020. An attack on online porn content will negatively impact Victorian sex workers.

What is this New Bill (Online Safety Bill 2021 (Cth))?

In December 2020, the federal Department of Infrastructure, Transport, Regional Development and Communications released an exposure draft Online Safety Bill.

The stated object of the bill is to improve and promote online safety for Australians.3 The bill has 16 Parts; 15 of the 16 Parts do indeed aim to improve online safety as they seek to better protect Australians from cyber bullying, revenge porn, cyber abuse material and online material that promotes violence.

However, one of the Parts, Part 9 (Online Content Scheme), has little to do with online safety, bullying, revenge porn or online abuse. Instead, Part 9 enhances and expands Federal Government powers to take down online porn, that is, content created by and depicting consenting adults. In short, Part 9 is anti-online porn and an attack on online freedom of expression by consenting adults (people over 18).

By including Part 9 (online content scheme for porn) in a bill about online safety, the Federal Government is conflating violent, abusive and harmful online content with the everyday porn that most Australians regularly consume (and/or create themselves on an amateur level not intended to generate income).

Despite being primarily about online porn, nowhere in the 39 pages of Part 9 of the Online Safety Bill do the words ‘porn’, ‘pornography’, ‘adult content’ or ‘sex worker’ appear. Part 9 is complex, and so we (Sex Work Law Reform Victoria) asked a lawyer to help interpret and fact check the content on this website regarding Part 9.

What Does the Online Safety Bill 2021 Do?

  • expands the power of the Federal Government to order porn be taken offline to now also apply to social media companies, internet search engines and apps (app distribution services)
  • applies take-down notices for fetish porn to websites hosted anywhere in the world. Currently this only applies to Australian based websites.
  • increases the civil penalties that can be imposed on companies that host/facilitate online porn

How is Porn Classified in Australia?

Online porn is regulated by what are known as content laws. Federal content laws apply to all media content. Material subject to content laws can appear in books, on TV, in computer games, on the internet, in films, and other media; content ranges from children’s TV programmes, to documentaries to fetish porn. The body responsible for the classification of content is the  Australian Classification Board.4

Porn is classified as either ‘film’5 in the case of videos or as ‘publication’6 in the case of photos. Online porn is regulated via an ‘online content scheme’.7 When classifying film, the Australian Classification Board is legally required to take into account:

‘the standards of morality, decency and propriety generally accepted by reasonable adults’ 1

Nudity, sex and violence are three of the six classifiable elements of a film that the Board considers in relation to a film’s context and impact.8

Online porn (both photos and videos) falls into a number of classification levels under the existing federal legislation. The following table sets out the current classifications of softcore, hardcore and fetish porn photos/publications and films/videos and their corresponding classification in the Online Safety Bill 2021 9:

Type of Porn   

Description

Classification in existing guidelines (publications, photos)
Classification in existing guidelines (films, videos)

Classification in Online Safety Bill 2021

Softcore

includes solo shots, nudity
  • Unrestricted10
  • Category 1 – Restricted11

R 18+ Restricted12

Class 2 material13 

Hardcore

includes depictions of actual sexual intercourse Category 2 – Restricted14 X 18+ Restricted15 Class 2 material13 

Fetish

includes fetishes such as fisting and water sports Category 2 – Restricted14 Class 2 material13 
RC Refused Classification16 RC Refused classification17 Class 1 material18

The law and guidelines describe, to a certain extent, what type of content is included in Class 2 porn.10, 11, 12

Softcore porn (Class 2) can contain:

  • realistically simulated (but not real) sexual activity 
  • sexual violence may be implied, if justified by context
  • nudity

Softcore porn (Class 2) cannot contain:

    • depictions of violence, sexual violence, sexualised violence or coercion
    • consensual depictions which purposefully demean anyone involved in that activity for the enjoyment of viewers
    • fetishes such as body piercing, application of substances such as candle wax,
    • ‘golden showers’, ‘water sports’, bondage, spanking or fisting
    • depictions of people under 18 years
    • depictions of people who look like they are under 18 years, even if they are in fact over 18
    • people over 18 years portrayed as minors
High Class Escort
Christine McQueen (Twitter: @ChristineMQueen) is an escort who creates softcore porn content (class 2 material) on social media to engage her prospective clients

The law and guidelines describe, to a certain extent, what type of content is included in Class 2: 14, 15

Hardcore porn (Class 2) can contain:

  • real depictions of actual sexual intercourse and other sexual activity between consenting adults

Hardcore porn (Class 2) cannot contain:

  • depictions of violence, sexual violence, sexualised violence or coercion
  • consensual depictions which purposefully demean anyone involved in that activity for the enjoyment of viewers
  • fetishes such as body piercing, application of substances such as candle wax,
  • ‘golden showers’, ‘water sports’, bondage, spanking or fisting
  • depictions of people under 18 years
  • depictions of people who look like they are under 18 years, even if they are in fact over 18
  • people over 18 years portrayed as minors

Fetish porn will be classified as Class 1 if it contains: 13, 18

  • gratuitous, exploitative or offensive depictions of sexual activity accompanied by fetishes or practices which are offensive or abhorrent
  • this is likely to include fisting, candle wax, golden showers (water sports), bondage, spanking

Government Powers to Take Down Online Porn

Prohibited content is online content that the government can order to be taken down. For prohibited content to be taken offline, the government issues removal notices.19 Because of the way it is currently classified, some softcore, all hardcore, and all fetish porn is already considered prohibited content. Content can be prohibited whether or it is created for commercial purposes. Pornographic content not intended to generate income can still be deemed prohibited, thus porn laws apply to general members of the public aged over 18 who choose to upload adult content as well as to sex workers and porn stars.

The Federal Government currently regulates online porn via an Online Content Scheme where the eSafety Commissioner has powers to investigate complaints (a complaints-based system20) about online porn and ­take down certain online porn. At present, penalties for non-compliance with removal notices apply to internet service providers and web hosting companies, but not social media companies or apps.

The Online Safety Bill 2021 seeks to enhance the existing Online Content Scheme and extend the eSafety Commissioner’s take-down powers to social media companies and apps, with some emphasis on fetish porn (class 1 material).

Under Part 9 of the Online Safety Bill 2021, many of the features of the Online Content Scheme remain the same. Below is a summary of which aspects of the Online Content Scheme will change.

 

Existing Laws

(in the Broadcasting Services Act 1992 (Cth))

Proposed New Laws

(in Part 9 of the Online Safety Bill 2021 (Cth)

Prohibited content includes
  • Softcore porn that is not subject to a restricted access system21
  • Hardcore porn21
  • Fetish porn21
  • Softcore porn that is not subject to a restricted access system22
  • Hardcore porn22
  • Fetish porn22
Removal notices for prohibited online content apply to

Certain content services and web hosting services within Australia including:

  • Live content services23
  • Links services24
  • Web hosting services25

Outside Australia:

  • Internet service providers hosted outside Australia26
  • social media service27
  • Relevant electronic service27
  • Designated internet service27
  • Hosting service provider27
  • Internet search engine service27
  • Apps (App distribution service)27
  • Relevant electronic service (email, SMS, MMS, chat and online game services)27
Removal notices for softcore and hardcore porn (class 2 material) apply to content providers based In Australia only28 In Australia only29
 

Existing Laws

(in the Broadcasting Services Act 1992 (Cth))

Proposed New Laws

(in Part 9 of the Online Safety Bill 2021 (Cth)

Removal notices for fetish porn (class 1 material) apply to content providers based In Australia only28 Anywhere in the world (as long as the material is accessible to end users in Australia)30

Take down notice period for fetish porn

By 6 pm the next business day31 Within 24 hours32
Civil penalty for failing to take down prohibited online porn

$22,200

(100 penalty units)33

$111,000

(500 penalty units)34
Civil penalties apply to
  • Content service provider35
  • Hosting service provider35

 

  • Social media service34
  • Relevant electronic service34
  • Designated internet service34
  • Hosting service provider34
  • Internet search engine service34
  • Apps (app distribution service)34

 

Disproportionate Impact on LGBTIQ Community

When members of the LGBTIQ community create porn, it is more likely to be classified as fetish porn (prohibited class 1 material) and therefore attract the most punitive removal notice response from government. This is because the bill is particularly punitive towards sexual practices that fall outside the umbrella of ‘normal’ heterosexual sex, even where these practices are performed by consenting adults.

Gay porn
Marco is a gay male sex worker based in Australia who specialises in creating hardcore porn on social media (class 2 material)

Who Should Be Concerned?

  • Porn performers
  • Sex workers
  • Sex workers’ rights activists
  • LGBTIQ people and their supporters
  • Libertarians
  • Those who defend freedom of expression

Who is Fighting to Keep Porn Online?

To find out what sex industry and sex worker groups have done until now to protect our freedom to upload online porn, read submissions to previous enquiries – by Eros, Australia’s adult industry association, and by Scarlet Alliance, Australia’s national sex worker organisation.

Read about Eros’ position on online porn in their submission to the 2020 Review of Australian Classification Regulation.

Read about Scarlet Alliance’s position on online porn in their submission to the 2020 Consultation on Online Safety Reforms.

We encourage any group which supports the rights of sex workers, porn stars or the LGBTIQ community to publicly oppose Part 9 of the Online Safety Bill 2021 and make a submission to the Parliamentary Committee

Unintended Consequences

Given the punitive civil penalties that Part 9 of the Online Safety Bill 2021 would apply to app providers and social media companies, it is possible that in order to avoid risk, such companies might choose to simply ban all porn from their platforms to avoid falling foul of the Australian eSafety Commissioner. This would have a devastating impact on Australian sex workers and porn performers.

This Bill isn’t the Right Place to Amend Online Content Regulation

The object of the Online Safety Bill is to improve and promote online safety for Australians.2 15 of the 16 Parts of the bill do indeed aim to improve online safety as they seek to better protect Australians from cyber bullying, revenge porn, cyber abuse material and online material that promotes violence.

Part 9 refers to and includes content created and uploaded by consenting adults, therefore a bill addressing online safety issues is not the appropriate place to regulate this kind of content.

The inclusion of Part 9 in this bill effectively conflates online porn with such things as cyber bullying, revenge porn, cyber abuse material, image-based abuse, and online material that promotes violence.

The appropriate place to amend the classification of online material is the separate, ongoing Review of Australian Classification Regulation.

Fact Checking

Fitzroy Legal Service has checked for legal accuracy statements contained in this document regarding the current law and likely impact of the proposed Bill. This is general information only and is not to be taken as legal advice.

  1. s 11(a) of the Classification (Publications, Films and Computer Games) Act 1995 (Cth)

<https://www.legislation.gov.au/Details/C2017C00267>

2. Rissel C, Richters J, de Visser RO, McKee A, Yeung A, Caruana T ‘A Profile of Pornography Users in Australia: Findings From the Second Australian Study of Health and Relationships’ (2017) 54(2) J Sex Res 227-240

<https://www.researchgate.net/publication/305362715_A_Profile_of_Pornography_Users_in_Australia_Findings_From_the_Second_Australian_Study_of_Health_and_Relationships>

3. cl 3 of the Online Safety Bill 2021 (Cth)

<https://parlinfo.aph.gov.au/parlInfo/download/legislation/bills/r6680_first-reps/toc_pdf/21022b01.pdf;fileType=application%2Fpdf>

4. Part 2 of the Classification (Publications, Films and Computer Games) Act 1995 (Cth)

< https://www.legislation.gov.au/Details/C2017C00267>

5. See the definition of ‘film’ in s 5 of the Classification (Publications, Films and Computer Games) Act 1995 (Cth)

< https://www.legislation.gov.au/Details/C2017C00267>

6. See the definition of ‘publication’ in s 5 of the Classification (Publications, Films and Computer Games) Act 1995 (Cth)

< https://www.legislation.gov.au/Details/C2017C00267>

7. Via Schedule 5 of the Broadcasting Services Act 1992 (Cth)

< https://www.legislation.gov.au/Details/C2017C00201>

8. See ‘The classifiable elements’ in Part 2 of the Guidelines for the Classification of Films 2012

< https://www.legislation.gov.au/Details/F2012L02541>

9. cl 106-107 of the Online Safety Bill 2021 (Cth)

<https://parlinfo.aph.gov.au/parlInfo/download/legislation/bills/r6680_first-reps/toc_pdf/21022b01.pdf;fileType=application%2Fpdf>

10. See ‘Unrestricted’ in the Guidelines for the Classification of Publication 2005
< https://www.legislation.gov.au/Details/F2008C00129/Download>

11. See ‘Category 1 – Restricted’ in the Guidelines for the Classification of Publication 2005
< https://www.legislation.gov.au/Details/F2008C00129/Download>

12. See ‘R 18+ – Restricted’ in Part 2 of the Guidelines for the Classification of Films 2012
< https://www.legislation.gov.au/Details/F2012L02541>

13. cl 107(1) of the Online Safety Bill 2021 (Cth)

<https://parlinfo.aph.gov.au/parlInfo/download/legislation/bills/r6680_first-reps/toc_pdf/21022b01.pdf;fileType=application%2Fpdf>

14. See ‘Category 2 – Restricted’ in the Guidelines for the Classification of Publication 2005
< https://www.legislation.gov.au/Details/F2008C00129/Download>

15. See ‘X 18+ – Restricted’ in Part 2 of the Guidelines for the Classification of Films 2012
< https://www.legislation.gov.au/Details/F2012L02541>

16. See ‘RC Refused Classification’ in the Guidelines for the Classification of Publication 2005
< https://www.legislation.gov.au/Details/F2008C00129/Download>

17. See ‘RC Refused Classification’ in Part 2 of the Guidelines for the Classification of Films 2012
< https://www.legislation.gov.au/Details/F2012L02541>

18. cl 106(1) of the Online Safety Bill 2021 (Cth)

<https://parlinfo.aph.gov.au/parlInfo/download/legislation/bills/r6680_first-reps/toc_pdf/21022b01.pdf;fileType=application%2Fpdf>

19. Softcore (R 18+) online film porn is not prohibited if it is subject to a restricted access scheme. See Broadcasting Services Act 1992 (Cth) sch 7 pt 1 s 14(2)

< https://www.legislation.gov.au/Details/C2017C00201>

20. Department of Infrastructure, Transport, Regional Development and Communications, Online Content Regulation, Department of Infrastructure, Transport, Regional Development and Communications

<https://www.communications.gov.au/policy/policy-listing/online-content-regulation>

21. Broadcasting Services Act 1992 (Cth) sch 7 pt 2 div 1 s 20(2)

< https://www.legislation.gov.au/Details/C2017C00201>

22. cls 106-107 of the Online Safety Bill 2021 (Cth)

<https://parlinfo.aph.gov.au/parlInfo/download/legislation/bills/r6680_first-reps/toc_pdf/21022b01.pdf;fileType=application%2Fpdf>

23. Broadcasting Services Act 1992 (Cth) sch 7 pt 3 div 4 s 56

< https://www.legislation.gov.au/Details/C2017C00201>

24. Broadcasting Services Act 1992 (Cth) sch 7 pt 3 div 4 s 62

< https://www.legislation.gov.au/Details/C2017C00201>

25. Broadcasting Services Act 1992 (Cth) sch 7 pt 3 div 4 s 47

< https://www.legislation.gov.au/Details/C2017C00201>

26. Broadcasting Services Act 1992 (Cth) sch 5 pt 4 div 4 s 40(1)(c)

< https://www.legislation.gov.au/Details/C2017C00201>

27. cl 105 of the Online Safety Bill 2021 (Cth)

<https://parlinfo.aph.gov.au/parlInfo/download/legislation/bills/r6680_first-reps/toc_pdf/21022b01.pdf;fileType=application%2Fpdf>

28. Broadcasting Services Act 1992 (Cth) sch 7 pt 1 cl 3, sch 7 pt 3 s 47

< https://www.legislation.gov.au/Details/C2017C00201>

29. cls 114(1)(e), cl 115(1)(f) of the Online Safety Bill 2021 (Cth)

<https://parlinfo.aph.gov.au/parlInfo/download/legislation/bills/r6680_first-reps/toc_pdf/21022b01.pdf;fileType=application%2Fpdf>

30. cls 109(1)(c), cl 110(1)(c) of the Online Safety Bill 2021 (Cth)

<https://parlinfo.aph.gov.au/parlInfo/download/legislation/bills/r6680_first-reps/toc_pdf/21022b01.pdf;fileType=application%2Fpdf>

31. Broadcasting Services Act 1992 (Cth) sch 7 pt 3 div 3 s 53

< https://www.legislation.gov.au/Details/C2017C00201>

32. cls 109(1)(f),110(1)(g)(i) of the Online Safety Bill 2021 (Cth)

<https://parlinfo.aph.gov.au/parlInfo/download/legislation/bills/r6680_first-reps/toc_pdf/21022b01.pdf;fileType=application%2Fpdf>

33. Broadcasting Services Act 1992 (Cth) sch 7 pt 3 div 3 s 53(6) and pt 6, s 106. Until 30/06/2021, one penalty unit = $222

< https://www.legislation.gov.au/Details/C2017C00201>

34. cls 111, 116, 125, 129 of the Online Safety Bill 2021 (Cth). Until 30/06/2021, one penalty unit = $222

<https://parlinfo.aph.gov.au/parlInfo/download/legislation/bills/r6680_first-reps/toc_pdf/21022b01.pdf;fileType=application%2Fpdf>

35. Broadcasting Services Act 1992 (Cth) sch 7 s 2

< https://www.legislation.gov.au/Details/C2017C00201>

36.Commonwealth, Parliamentary Debates, House of Representatives, 24 February 2021, 8 (Paul Fletcher, Minister for Minister for Communications, Urban Infrastructure, Cities and the Arts).

<https://parlinfo.aph.gov.au/parlInfo/genpdf/chamber/hansardr/cbdee0d1-d3ff-4d84-92ff-b49fcdaa901b/0009/hansard_frag.pdf;fileType=application%2Fpdf>

37. Environment and Communications Legislation Committee, Parliament of Australia, Online Safety Bill 2021 [Provisions] and Online Safety (Transitional Provisions and Consequential Amendments) Bill 2021 [Provisions] (Report, March 2021)

<https://parlinfo.aph.gov.au/parlInfo/download/committees/reportsen/024674/toc_pdf/OnlineSafetyBill2021[Provisions]andOnlineSafety(TransitionalProvisionsandConsequentialAmendments)Bill2021[Provisions].pdf;fileType=application%2Fpdf>

38. Ibid xii [2.95]

39. Ibid 30 [1.14]

40. Ibid 36 [1.19]

41. Ibid 37 [1.25]

41. Ibid 1 [1.5]

42. Environment and Communications Legislation Committee, Parliament of Australia, Online Safety Bill 2021 and Online Safety (Transitional Provisions and Consequential Amendments) Bill 2021 Public Hearing (Schedule, 5 March 2021)

<https://www.aph.gov.au/Parliamentary_Business/Committees/Senate/Environment_and_Communications/OnlineSafety/Public_Hearings>

43. Environment and Communications Legislation Committee, Parliament of Australia, Online Safety Bill 2021 [Provisions] and Online Safety (Transitional Provisions and Consequential Amendments) Bill 2021 [Provisions] (Report, March 2021) 7 [2.3], 15 [2.37]

<https://parlinfo.aph.gov.au/parlInfo/download/committees/reportsen/024674/toc_pdf/OnlineSafetyBill2021[Provisions]andOnlineSafety(TransitionalProvisionsandConsequentialAmendments)Bill2021[Provisions].pdf;fileType=application%2Fpdf>

44. Ibid 7 [2.7]

45. Ibid 9 [2.10]

46. Ibid 26 [2.87]

47. Ibid 17 [2.47], 26 [2.91]

48. Parliamentary Joint Committee on Human Rights, Report 5 of 2021; [2021] AUPJCHR 43. Paragraph 2.20

49. Ibid Paragraph 2.17(a)

50. Ibid Page 56

51. Ibid Paragraphs 2.43 – 2.45

© Sex Work Law Reform Victoria 2021

Last updated: 16 September 2021