Summary:
Le 18 novembre 2025, le Commissaire australien à la eSécurité a finalisé deux nouvelles normes industrielles pour lutter contre le contenu nuisible en ligne, qui entreront en vigueur le 22 décembre 2025. La législation vise à traiter l’utilisation inappropriée des plateformes numériques pour l’exploitation des enfants, le contenu abusif et autres matériaux nuisibles en ligne. Ces normes s’appliqueront aux services de stockage de fichiers tels qu’iCloud et Google Drive, aux plateformes de messagerie et aux applications ‘nudify’ générées par IA, en plus de six codes existants pour divers services internet. Les développements futurs incluent la soumission de projets de codes industriels pour la sécurité des enfants en ligne d’ici le 28 février 2025, et des pénalités plus strictes pour les violations de conformité allant jusqu’à 49,5 millions de dollars.
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In a landmark move, Australia has established the world’s first mandatory industry standards compelling global technology giants to address and prevent the proliferation of the most egregious online content. These include child sexual abuse material and pro-terror content. The Designated Internet Services (DIS) and Relevant Electronic Services (RES) standards, developed by the eSafety Commissioner and registered in June 2023 with the Australian Parliament, are set to take legal effect on December 22, following the completion of their Parliamentary Disallowance period on November 18.
These standards impose regulatory obligations on file and photo storage services like Apple iCloud, Google Drive, and Microsoft OneDrive, as well as on messaging platforms. Their goal is to counter the misuse of these platforms for storing and distributing harmful material. Another groundbreaking provision includes the regulation of so-called ‘nudify apps,’ which leverage generative AI to create explicit images. Companies offering these generative AI models must implement controls to prevent the creation of exploitative content, particularly involving minors. This regulatory effort goes hand-in-hand with six existing industry codes targeting social media platforms, search engines, app stores, internet service providers, hosting services, and device manufacturers.
### Legal Context
The standards derive authority under the Online Safety Act 2021, which empowers the eSafety Commissioner to impose mandatory codes and standards where voluntary industry measures prove inadequate. The refusal of draft codes submitted in March 2023 underscores a broader regulatory trend towards stringent legal frameworks where self-regulation falls short. The establishment of these standards occurs alongside escalating penalties for compliance failures, with fines now up to AUD 49.5 million, per recent announcements by the Australian government.
Internationally, these measures align with growing concerns about online harm mitigation. For example, the European Union’s Digital Services Act (DSA) similarly mandates that large platforms address societal risks associated with their services, including content moderation obligations for illegal and harmful material. While Australia’s standards focus on child safety, they reflect a global shift toward accountability for tech corporations.
### Ethical Analysis
The ethical underpinning of these standards is the protection of vulnerable populations, especially children, from online exploitation. By holding major tech entities accountable, the legislation bridges a critical moral gap between technological advancement and its potential misuse. A complicating factor, however, lies in balancing privacy with safety. While tools like end-to-end encryption protect user communications, they can hinder the detection of illegal activity. To navigate this, technologies like client-side scanning could play a role, allowing platforms to detect flagged material without compromising broader user privacy—a solution advocated but also criticized by privacy rights groups.
### Industry Implications
The implications for tech companies are profound. Firms must now invest heavily in compliance mechanisms, including content moderation tools empowered by machine learning, user behavior tracking, and robust reporting systems. Companies like Google and Microsoft may need to overhaul existing encryption protocols to meet these standards without violating users’ trust. Smaller firms or emerging startups could face disproportionate challenges, as resource constraints may limit their ability to adapt effectively.
A practical example of compliance could involve Apple introducing AI-powered algorithms to detect and block attempts to store exploitative content on iCloud. Meanwhile, messaging platforms like WhatsApp—whose encrypted nature presents particular challenges—may need to develop perimeter security systems, such as flagged keyword detection on the client side.
### Global Ripple Effects
Australia’s trailblazing approach could set a precedent for other countries debating similar interventions. The extraterritorial reach of these standards—since companies must comply regardless of their headquarters—could influence global industry norms. Julie Inman Grant, the eSafety Commissioner, emphasized that while these standards are Australian laws, they have broad implications for companies operating internationally. The digital ecosystem’s interconnectedness ensures that such ground-breaking regulations could fuel similar initiatives abroad.
In tandem with these regulations, the eSafety Commissioner has allowed additional time for the submission of a second set of draft industry codes aimed at combating online pornography, reflecting a phased yet comprehensive approach to digital safety. These broader measures, along with innovations like age-assurance trials, aim to build a layered framework to protect children and promote digital literacy among families.
Ultimately, this legislative development sends a strong message: the era of unchecked digital harm is over, and tech giants will be held to a higher standard of responsibility in protecting the most vulnerable members of society.