Information for Eros members only:
Compliance measures for class 1C and class 2 material DIS with a Tier 1, Tier 2 or Tier 3 risk profile (excluding high impact generative AI DIS)
SUMMARY only
For full details see pages 14 – 20 Section 7 of the DIS Code.
7.1 Age assurance measures (Tier 1)
The provider of the service must, where technically feasible and reasonably practicable, implement:
(a) appropriate age assurance measures; and
(b) access control measures
Age assurance is an umbrella term for a range of methods for assessing a user’s age, including both age verification solutions (solutions that aim to verify the exact age or age range of a given user) and age estimation solutions (solutions that aim to estimate the exact age or age range of a given user).
Note1: For these purposes an age range will include whether the user is over or under the age of 18
Note 2. Age declarations by end-users are not acceptable solutions for age assurance under the DIS Code.
7.2 Continuous improvement for systems regarding online pornography and/or self-harm material (Tier 1 & Tier 2)
Implement, invest in and take appropriate steps to continuously improve systems which can detect online pornography and/or self-harm material and automatically action that material before it is encountered by end-users.
7.3 Reporting mechanisms (Tier 1 & Tier 2)
A service provider must implement appropriate measures to ensure that end-users are able to report or flag and/or make a complaint about High Impact Online Pornography
Such reporting mechanisms must:
· be easily accessible and easy to use; and
· be accompanied by clear instructions on how to use them, as well as an overview of the reporting process.
7.4 On interface reporting tools (Tier 1)
The provider of the service must ensure that the reporting tools referred to in measure 7.3 above are available and accessible.
7.5 Safety tools (Tier 1 & Tier 2)
The provider of a service that allows online pornography and/or self-harm material on the service must allow all end-users to opt-in at any time to appropriate safety tools which may limit their access or exposure to online pornography and/or self-harm material on the service, except where the sole or predominant purpose of the service is to provide access to online pornography and/or self-harm material.
7.5 Safety tools continued (Tier 1 & Tier 2)
Appropriate safety tools may include solutions for:
(a) filtering material;
(b) removing material from marketing and/or recommender systems;
(c) blocking material;
(d) blurring material;
(e) halting autoplay of material; and/or
(f) placing interstitial notices on material so that users can click through to view if they wish.
Information about the appropriate safety tools implemented by the provider must be readily accessible to Australian end-users.
7.6 Terms and conditions (Tier 1)
The provider of the service must have, and enforce, clear actions, policies or terms and conditions relating to the relevant high-risk material.
7.7 Terms and conditions (Tier 2)
The provider of the service must have, and enforce, clear actions, policies or terms and conditions relating to online pornography and/or self-harm material, which will include, to the extent applicable, terms and conditions dealing with the types of online pornography and/or self-harm material that are allowed or not allowed on the designated internet service. In implementing this measure, a provider of a DIS must:
(a) use simple, plain, and straightforward language;
(b) to the extent practicable, be clear about the type of any material that is prohibited; and
(c) communicate such terms and conditions, standards and/or policies to all personnel that are directly involved in their enforcement. Relevant policies and actions must be implemented according to a graduated, risk-based approach. This approach may be different for different types of material.
7.8 Trust and safety function (Tier 1 & Tier 2)
The provider of the service must have or have access to sufficient personnel to oversee the safety of the service.
7.9 Information about how services deal with relevant high-risk material (Tier 1)
The provider of the service must publish clear and accessible information that explains the actions they take to reduce the risk of harm to Australian children caused by the distribution of relevant high-risk material on its service.
7.10 Information about how services deal with online pornography and/or self-harm material (Tier 2)
Information about how services deal with online pornography and/or self-harm material The provider of the service must publish clear and accessible information that explains the actions they take to reduce the risk of harm to Australian children caused by the distribution of online pornography and/or self-harm material on its service.
7.11 Timely referral of unresolved complaints to eSafety (Tier 1)
The provider of the service must promptly refer to eSafety complaints from Australian end-users concerning a material non-compliance with this Code by the provider, where the provider is unable to resolve the complaint within a reasonable timeframe.
7.12 Timely response to communications from eSafety (Tier 1)
The provider of a service must implement policies and procedures that ensure that it responds in a timely and appropriate manner to communications from the Commissioner about compliance with this Code.
7.13 Updates to eSafety about relevant changes to technology (Tier 1)
A service provider must share information with eSafety in writing about significant changes to the functionality of their services that are likely to have a material positive or negative effect on the access or exposure to, distribution of, or online storage of relevant high-risk materials by Australian children.
7.14 Updates to eSafety about relevant changes to technology (Tier 2)
A service provider must share information with eSafety in writing about significant changes to the functionality of their services that are likely to have a material positive or negative effect on the access or exposure to, distribution of, or online storage of online pornography and/or self-harm material by Australian children.
7.15 Information for Australian end-users about the role and functions of eSafety, including how to make a complaint to eSafety (Tier 1 & Tier 2)
The provider of the service must publish clear information that is accessible to Australian end-users which explains the role and functions of eSafety, including how to make a complaint to eSafety.
7.16 Location on or via service that is dedicated to providing online safety information (Tier 1)
The provider of the service must establish a location accessible on or via the service that is dedicated to providing online safety information, that:
(a) contains information required under this Code;
(b) includes information about how Australian end-users can contact third party services that may provide counselling and support; and
(c) is accessible to Australian end-users.
7.17 Complaints tools (Tier 1)
The provider of the service must provide tools which enable Australian end-users to make a complaint about:
(a) the provider’s handling of reports about online pornography and/or self-harm material that is accessible on the service, except where the sole or predominant purpose of the service is to provide access to online pornography and/or self-harm material; or
(b) the provider’s compliance with this Code.
7.18 Training for personnel responding to reports and complaints (Tier 1)
The provider of the service must ensure that personnel responding to reports referred to in compliance measures 7.3 and 7.17 are trained in the designated internet service’s policies and procedures for dealing with reports and complaints.
7.19 Training for personnel responding to reports (Tier 2)
The provider of the service must ensure that personnel responding to reports referred to in compliance measure 7.3 are trained in the designated internet service’s policies and procedures for dealing with reports.
7.20 Review of compliance personnel with systems and processes (Tier 1)
The provider of the service must review the effectiveness of its reporting systems and processes to ensure reports are assessed and actioned (if necessary) within reasonably expeditious timeframes, based on the level of harm the material poses to Australian children. Such review must occur at least annually.
7.21 Significant changes to services (Tier 1)
The provider of the service must, before it makes a material change to the service that will significantly increase the risk of an Australian child accessing or being exposed to relevant high-risk material on the service:
a) carry out an assessment of the kinds of features and settings that could reasonably be incorporated into the service to minimise that risk; and
(b) where appropriate, apply features and settings so identified to help to mitigate that risk.
7.22 Engagement (Tier 1)
The provider of the service must appropriately engage with safety and community organisations (such as civil society groups, public interest groups and representatives of marginalised communities) academics and governments to gather information to help inform measures taken for the purposes of protecting or preventing children from accessing or being exposed to class 1C and class 2 material. The provider of the service must consider information obtained through such engagement.
7.23 Notifying changes to features and functions – generating online pornography/self-harm material (Tier 1 & Tier 2 & Tier 3)
A service provider must share information with eSafety in writing about significant changes to the functionality of their services that are likely to significantly increase or decrease the risk of generation of online pornography and/or self-harm material by Australian children using generative artificial intelligence. Where applicable, a service provider may choose to provide this information in an annual report to eSafety under this Code. In implementing this measure, a provider is not required to disclose information to eSafety that is confidential.
7.24 Reporting to eSafety on Code compliance (Tier 1 & Tier 2)
Where eSafety issues a written request to a provider of a service to submit a Code report, the provider named in such request must submit to eSafety a Code report which includes the following information:
(a) the steps that the provider has taken to comply with the compliance measures under this Code;
(b) details of any risk assessment it is required to undertake pursuant to this Code; and
(c) an explanation as to why these steps are appropriate.
A provider of a service that has received such a request from eSafety is required to submit a Code report within 2 months of receiving the request, but for the first request no earlier than 12 months after this Code comes into effect. A provider of a service will not be required to submit a Code report to eSafety more than once in any 12-month period.
Prepared solely for the use of current members of the Eros Association. Eros General Manager January 202
