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August 31, 2023

Australia Chooses Not to Require Age Verification for Adult Sites

CANBERRA—The federal government of Australia has announced that it has chosen not to require mandatory age verification for adult websites, citing safety and privacy concerns. Such a move is noteworthy due to the fact that a national government has considered how certain risks outweigh the benefits of such public policy.  Michelle Rowland MP, the minister for communications, indicated in a press statement that her department "does not recommend the Government to legislate to mandate age assurance technology for access to online pornography and notes that technological developments in this space are still new and evolving."  The same statement noted that the stakeholders consulted during the comment process for the national "roadmap for age verification" raised concerns over privacy, information security, and the overall effectiveness of this tech.  Though age verification software providers state that their platforms are safe and compliant with most or all international design standards, the government formed by Prime Minister Anthony Albanese and the Labor Party begs the question of additional analysis.  "The government supports this approach and will work with the regulator to ensure the full and successful implementation of the Online Safety Act," said Minister Rowland in her press statement. "While the Government awaits the outcome of this process, the digital industry is on notice that we will not hesitate to take further action should it fail to keep children safe."  The Online Safety Act 2021, which Rowland refers to, is the focal point of the roadmap.  This directs the government's eSafety commissioner Julie Inman Grant to require the online porn industry to report on their compliance with a Basic Online Safety Expectations code that includes implementing "reasonable steps" to prevent minors from accessing online pornographic websites.  Grant's office additionally released a statement in support of the Albanese government's roadmap. The regulator explains that eSafety "will support industry associations to draft a set of industry codes to limit children's access to ... online pornography." "If an industry drafted code doesn’t meet the statutory requirements, the eSafety Commissioner can develop a mandatory industry standard for that section of the online industry," eSafety's statement reads. "This work will commence in earnest after the first phase of codes and standards is complete."  Australia's choice of not enforcing mandatory age verification comes amid a rash of new laws requiring age verification in the United States and a legislative trend in Western Europe calling for similar measures. 

 
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