Another step has been taken in the long fight to civilize the internet, by which I mean make it a better place for everyone but above all for children. Unsurprisingly it has been taken by our Antipodean cousins – I was going to say “warriors” – but that might be taken by some to belie the careful, deliberate, research-driven consultative processes which are the hallmark of everything emanating from the office of the Australian eSafety Commissioner.
On 12th September 2023 a new industry code was registered by the Commissioner. On 12th March, 2024 it came into effect. The Code therefore now has legal standing.
Several other codes (see below) have also been through a similar process and also have legal standing but this latest one is seen by some as the most ambitious to date. It concerns search engines. They are now legally obliged to carry out a risk assessment in respect of specified categories of material. And here’s the kicker (mildly paraphrased):
“Following a risk (assessment) … a provider of an internet search engine service must take appropriate steps to mitigate risks posed to Australian end-users (so as to ensure) (the specified types of) materials are (not) accessible in search results.”
So as to make it clear this is a positive and on-going obligation which requires action, the relevant section of the Code goes on to say search engine providers are required to
“… (update) relevant policies, processes, systems and technologies to mitigate any additional risks to Australian end-users, concerning material covered by this Code that result from a new feature or functionality that significantly increases risk…” ( emphasis added by me).
The UK and the EU are also moving or have moved along similar paths. Driven by the demands of citizens, parents and non-parents alike and by children themselves, things are going to get better.
That doesn’t mean some companies won’t fight to delay change for as long as possible. The status ante has made some of them fabulously rich. Delay is money and that’s what they like most. But the net is tightening at a more rapid rate than many thought possible or likely not all that long ago.
The other codes
The first tranche of codes in Australia that are now in force cover
- Social Media Services
- App Distribution Services
- Hosting Service
- ISPs
- Equipment manufacturers and suppliers
Check them out if you haven’t already.
What Australia is saying, what we have all been saying, is the internet and its associated technologies are now part of the consumer space and standards similar to those which are commonplace in respect of almost all consumer products and services are now going to have to be applied in the digital sphere.
No parents, no teachers, should have to learn to jump through hoops to help keep their children or charges safe at the point of first use of any digital device or App or on a child’s first visit to a web site.
There will be some unavoidable differences but every claim for different treatment will be viewed sceptically. To quote the words of a famous song
“We won’t be fooled again”.
Desiderata 