Law / Australia

Australia

age

Australia's Online Safety Amendment (Social Media Minimum Age) Act 2024 requires age-restricted social media platforms to take reasonable steps to stop under-16s holding accounts, an obligation that took effect on 10 December 2025 and remains in force despite a pending High Court constitutional challenge that has not produced an injunction.

Separately, nine eSafety-registered industry codes made under the Online Safety Act 2021 require age assurance for Class 1C and Class 2 material such as online pornography across search engines, websites and generative AI services, and app distribution platforms, phasing in between December 2025 and September 2026.

A statutory children's online privacy design code is still in development: an exposure draft under section 26GC of the Privacy Act 1988 is out for consultation, but the Code need not be registered until 10 December 2026, so no enforceable design code exists yet. eSafety's voluntary Safety by Design principles and its 2023 age verification roadmap report informed this framework but are not themselves binding instruments.

aggregation

Australia's landmark News Media and Digital Platforms Mandatory Bargaining Code (enacted March 2021) compelled Google and Meta to strike voluntary commercial deals worth approximately A$200 million with publishers. No platform was ever formally designated by the Treasurer.

Meta's exit from deal renewals in early 2024 and Google's in mid-2025 led the Albanese Government to announce the News Bargaining Incentive in December 2024: three draft bills imposing a 2.25% revenue levy on large platforms (Meta, Google, TikTok) unless they maintain qualifying deals with eligible news publishers, released for consultation in April 2026 but not yet introduced to Parliament as of late June 2026.

Australia's Copyright Act 1968 s 42 provides a fair-dealing exception for news reporting but the Federal Court held in De Garis (1990) that it does not extend to third-party aggregators or clipping services acting as redistributors.

Australia has no separate EU-style press-publisher neighbouring right, no recognized hot-news misappropriation doctrine (unfair competition is limited to passing off), no statute or case establishing linking or framing liability, and the government explicitly rejected introducing a text-and-data-mining copyright exception for AI training in October 2025.

Separately, in October 2025 the Australian Government announced it would not introduce a text-and-data-mining copyright exception, rejecting the Productivity Commission's August 2025 interim-report proposal for a fair-dealing text and data mining (TDM) carve-out that would have allowed AI training on copyrighted content without compensation.

20 instruments named 10 researched in detail As of 2026-07-15

Instruments

Each one links to its LexLint note, which carries what it requires and what it flags on.

Adult content age verification (AV)

Designated Internet Services Online Safety Code (Class 1C and Class 2 Material)

cite Designated Internet Services Online Safety Code (Class 1C and Class 2 Material) registered under section 140 of the Online Safety Act 2021 (Cth) stage RECENT in force 6 months effective 2026-03-09 source registered industry code text, eSafety Commissioner register

Requires providers of designated internet services, including websites hosting online pornography and generative AI services capable of producing Class 1C or Class 2 material, to implement age assurance and access controls to prevent access by children in Australia. Registered by the eSafety Commissioner on 9 September 2025.

Note and primary source

Internet Search Engine Services Online Safety Code (Class 1C and Class 2 Material)

cite Internet Search Engine Services Online Safety Code (Class 1C and Class 2 Material) registered under section 140 of the Online Safety Act 2021 (Cth) stage RECENT in force 8 months effective 2025-12-27 source registered industry code text, eSafety Commissioner register

Requires providers of internet search engine services, such as Google Search and Bing, to implement appropriate age assurance measures so that account holders are checked as over or under 18 before search results can surface Class 1C or Class 2 material, including online pornography. Registered by the eSafety Commissioner on 27 June 2025, with the age assurance measure itself required within 6 months of the code coming into effect, by 27 June 2026.

Note and primary source

Age-appropriate design code

Children's Online Privacy Code (Privacy Act 1988, section 26GC)

cite Privacy Act 1988 (Cth), section 26GC, inserted by the Privacy and Other Legislation Amendment Act 2024 (Cth), No. 128, 2024 stage PROPOSED draft date not recorded source official statute text, Federal Register of Legislation

Requires the Australian Information Commissioner to develop and register an Australian Privacy Principles code addressing the privacy of children, covering social media services, relevant electronic services and designated internet services likely to be accessed by children, within 24 months of the amending Act's Royal Assent on 10 December 2024, that is, by 10 December 2026.

An exposure draft, drawing partly on the UK Age Appropriate Design Code, was released for public consultation from 31 March to 5 June 2026 and includes proportionate age assurance and limits on retaining facial age estimation data, but the Code is not yet finalised or registered.

Note and primary source

App store age verification (AV)

App Distribution Services Online Safety Code (Class 1C and Class 2 Material)

cite App Distribution Services Online Safety Code (Class 1C and Class 2 Material) registered under section 140 of the Online Safety Act 2021 (Cth) stage RECENT in force 6 months effective 2026-03-09 source registered industry code text, eSafety Commissioner register

Requires app store and app distribution platform operators, such as the Apple App Store and Google Play, to take reasonable steps, including age assurance and access controls, before permitting the download or purchase of an app containing Class 1C or Class 2 material such as pornography. Registered by the eSafety Commissioner on 9 September 2025, with the age assurance measure required within 6 months of commencement, by about 9 September 2026.

Note and primary source

News media bargaining code

News Bargaining Incentive draft legislative package (News Media Bargaining Charge Bill 2026; News Media Bargaining (Administration) Bill 2026; Treasury Laws Amendment (News Media Bargaining) (Consequential) Bill 2026)

cite News Media Bargaining Charge Bill 2026 (Cth), exposure draft released for consultation 28 April 2026 stage PROPOSED draft date not recorded source https://www.pm.gov.au/media/consultation-news-bargaining-incentive-now-open

Three-bill package released for public consultation on 28 April 2026, proposing a 2.25% levy on Australian revenues of platforms with A$250 million+ annual Australian revenue (Meta, Google, TikTok) unless they maintain qualifying deals with eligible news publishers; offsets of 150% (larger publishers) and 170% (smaller publishers) incentivise voluntary bargaining, with the levy revenue distributed to news publishers via a statutory payment scheme. Intended to apply from 1 July 2026.

Consultation closed 18 May 2026; as of late June 2026 the bills had not been introduced to Parliament, with introduction delayed until after the winter recess beginning 2 July 2026.

Note and primary source

Treasury Laws Amendment (News Media and Digital Platforms Mandatory Bargaining Code) Act 2021

cite No. 21, 2021 (Cth) stage IN FORCE in force since 2021-03-02 source https://www.accc.gov.au/by-industry/digital-platforms-and-services/news-media-bargaining-code/news-media-bargaining-code

Inserts Part IVBA into the Competition and Consumer Act 2010 (Cth), creating a mandatory bargaining framework between 'registered news businesses' and 'designated digital platform services' where a significant bargaining power imbalance exists. The Treasurer may formally designate a platform after considering imbalance and news-industry sustainability; once designated, platforms face compulsory arbitration. No platform has been formally designated.

Following the code's enactment Google and Meta struck voluntary deals covering 30+ news businesses, but Meta ceased renewals in 2024 and Google in 2025, prompting the News Bargaining Incentive proposal.

Note and primary source

Snippet reproduction

Copyright Act 1968 (Cth) s 42, fair dealing for the purpose of reporting news

cite Copyright Act 1968 (Cth) s 42 stage IN FORCE source https://www.legislation.gov.au/Details/C2019C00042

Section 42 provides that fair dealing with a literary, dramatic, musical, or artistic work does not infringe copyright if done for the purpose of, or in association with, reporting news in a newspaper, magazine, or similar periodical (with sufficient acknowledgment), or by means of a communication or cinematograph film.

The exception is narrow: it turns on the purpose of the party claiming it, not the end-use of the content, which means third-party aggregators and clipping services generally cannot rely on it.

Note and primary source

De Garis v Neville Jeffress Pidler Pty Ltd

cite (1990) 37 FCR 99 stage IN FORCE in force since 1990-07-06 source https://classic.austlii.edu.au/au/journals/CommsLawB/1990/36.pdf

Justice Beaumont held that a press-clipping/media-monitoring service that reproduced newspaper articles for commercial clients could not rely on the s 42 fair-dealing exception for news reporting, because the relevant purpose is the defendant's own purpose rather than its customers'.

The decision establishes that news aggregators and redistributors must obtain licences; De Garis has not been overruled and remains the leading Australian authority on third-party limits to the news-reporting fair-dealing defence.

Note and primary source

Social media and minors

Online Safety (Age-Restricted Social Media Platforms) Rules 2025

cite Online Safety (Age-Restricted Social Media Platforms) Rules 2025 (Cth), F2025L00889, made under the Online Safety Act 2021 (Cth) stage IN FORCE in force since 2025-07-30 source official legislative instrument text, Federal Register of Legislation

Legislative instrument made by the Minister for Communications, registered and commencing on 30 July 2025, that excludes specified categories of service from the age-restricted social media platform definition, so the section 63D minimum age obligation (which itself commenced 10 December 2025) does not apply to them.

Note and primary source

Online Safety Amendment (Social Media Minimum Age) Act 2024

cite Online Safety Amendment (Social Media Minimum Age) Act 2024 (Cth) No. 127, 2024, inserting Part 4A into the Online Safety Act 2021 (Cth), No. 76, 2021 stage RECENT in force 9 months effective 2025-12-10 source official Act text, Federal Register of Legislation

Requires a provider of an age-restricted social media platform to take reasonable steps to prevent Australians under 16 from having an account. Received Royal Assent on 10 December 2024 and the section 63D civil penalty obligation commenced 12 months later, on 10 December 2025.

Note and primary source

This summary covers the instruments LexLint has researched to a stage. Instruments named in the corpus but not yet researched are counted above and are not listed here. Every entry carries its own primary source on its note page. This is a research index, not legal advice.