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AU OSA · AU-OSA-TAKEDOWN-NOTICE

AU OSA Part 9, Section 109 — Removal Notices for Harmful Online Content

Services must remove seriously harmful content within 24 hours of receiving a removal notice from the eSafety Commissioner

CRITICALRequirementGovernanceBinding regulationIn forceApplies from 23 January 2022

Where this comes from

Provision: Part 9, Section 109 — Removal Notices for Harmful Online Content

Instrument: Australia Online Safety Act 2021

Citation: Online Safety Act 2021 (Cth), Part 9, Division 2, ss 109-119; Online Safety (Determination of Class 1 Material) Instrument 2022

Text version: Online Safety Act 2021 (Cth), current compilation incl. Online Safety Amendment (Social Media Minimum Age) Act 2024; BOSE Determination 2022 (as amended 2024)

Read the official text ↗

Who it applies to

It applies when all of these are true:

  • Service allows user-generated content
  • Service enables direct messaging between users
  • Users can create public profiles
  • Data categories collected includes Photos / Videos

What engineering work it implies

Sample acceptance criteria Landfall generates for this obligation:

  • Known-illegal media is matched against a hash database (e.g. PhotoDNA-style) before or at upload
  • Harmful content can be removed within the required statutory window (e.g. 24 hours) once notified
  • Confirmed CSAM/CSEA is reported to the designated authority and preserved per legal requirements
  • Re-upload of removed content is prevented (hash/fingerprint blocklist)
  • Removal actions and reports are logged with actor, timestamp, and legal basis

Questions people ask

Does AU OSA Part 9, Section 109 — Removal Notices for Harmful Online Content apply to my service?
It applies when Service allows user-generated content; Service enables direct messaging between users; Users can create public profiles; Data categories collected includes Photos / Videos.
From when does this apply?
AU OSA Part 9, Section 109 — Removal Notices for Harmful Online Content applies from 23 January 2022. Its current status is: in force.

Find out whether this one lands on you

Landfall's pre-scan answers the applicability question above for your product in minutes, then turns every obligation that applies into traceable engineering tickets with a citation chain your auditors can follow.

Run the pre-scanAll AU OSA obligations

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