Two of the biggest telcos in the country, Telstra and Optus, both raised concerns to the federal government about the feasibility of drafting Basic Online Safety Expectations rules. The Department of Communications published this draft.

The Online Safety Act of the government, which was passed by parliament in mid-January, supports the establishment of the BOSE. Nevertheless, this is to be set out in a legislative instrument that communications minister Paul Fletcher issues. This draft covers a wide range of service providers, including social media sites, messaging apps, and internet services.

According to Fletcher, the BOSE is designed to address several online safety issues. These issues include preventing bullying and abuse and ensuring clear mechanisms for users who want to lodge complaints. The minister highlighted this during his second-reading speech in February.

A BOSE draft has been in the works by the Department of Communications since August, ahead of the major components of the Online Safety Act taking effect in January 2022.

However, Optus has raised concerns about carriers, carriage providers, and ISPs being included in the scheme “despite previous advice to the contrary” by the government. The telco further claimed that the “basic” principles in the draft result in ‘very complex arrangements’ when applied to the telecom sector.

The BOSE places “unrealistic expectations” on carriers, carriage services providers, and ISPs that are “neither technically feasible nor permitted” under the Telco Act when applied to the industry.

In the same manner, Telstra said that it supports the intent of the BOSE. However, it was concerned both with the expected timeline for implementation and the technical aspects of how the expectations would apply in the telecom sector.

Telstra said it was “problematic” to apply to SMS, MMS, and email services the core BOSE expectation that reasonable steps are taken to minimise the use of a service to transmit cyberbullying material or material that incites violence.

Separately, as part of the refreshed Online Content Scheme and Abhorrent Violent Conduct Material powers established by the act, Fletcher has announced the impending commencement of the new powers for the eSafety Commissioner.

According to Fletcher: “While the Online Content Scheme has been in operation for over 20 years and has been very successful within Australia, the Online Safety Act extends the reach of the scheme overseas in recognition of the global nature of the internet.

“Online communities don’t have borders, and yet many Australians access materials online. This new scheme will hold industry accountable for keeping users safe and empower the eSafety Commissioner to remove the worst of the worst online content no matter where it is.”