The Federal Government is set to review Australia's online safety laws in a bid to address new and emerging digital harms, bringing the review forward one year in acknowledgement of the fast-changing online threat landscape.

The review will scrutinise the effectiveness of the Online Safety Act 2021, considering whether additional protections are needed against harmful online material such as hate speech and image-based abuse. The review will also explore the need for further protections to address online safety-related harms stemming from new and emerging technologies like generative artificial intelligence (including deepfakes) and algorithms.

The review will be led by Delia Rickard PSM, former Deputy Commissioner of the Australian Competition and Consumer Commission for more than a decade and someone with extensive experience in regulating consumer harm. An Issues Paper is expected to be released for public consultation in the first half of 2024.

The review will also consider whether the existing penalty regime serves as an effective deterrent to industry non-compliance. It will take into account international developments in online safety regulation, including whether the law should be amended to impose a new duty of care on platforms towards their users.

The Albanese Government said it had brought forward the review by one year to 2024 to ensure that the online safety framework remains fit-for-purpose. Interested individuals, civil society groups and industry members are encouraged to share their views as part of the review process. The final report will be provided to the Government in the second half of 2024.

"So much of modern life happens online which is why it is critical our online safety laws are robust and can respond to new and emerging harms," Minister for Communications, the Hon Michelle Rowland MP, stated. "Our laws can never be a set-and-forget, particularly as issues like online hate and deepfakes pose serious risks to Australian users. That's why the Albanese Government has brought forward our review of the Online Safety Act to ensure the eSafety Commissioner has the right powers to help keep Australians safe.

"The Terms of Reference will help guide this important review. I look forward to consultation commencing to hear from industry and the community on how we can improve the safety of Australians online".