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 Abhorrent violent material

On 6 April 2019 the Criminal Code Amendment (Sharing of Abhorrent Violent Material) Act 2019 commenced.

Reporting abhorrent violent conduct

The Act requires content, internet and hosting providers to, within a reasonable time, report to the Australian Federal Police abhorrent violent conduct that is:

  • happening in Australia and
  • accessible through their services, or
  • hosted on their services.

The penalty for failing to do so is a fine of up to $168,000 for individuals and $840,000 for corporations.

Removing abhorrent violent material

The Act also creates a new offence for content and hosting service providers around the world who fail to expeditiously remove abhorrent violent material.

The penalty for a corporation that fails to remove content expeditiously is up to 50,000 penalty units($10.5million) or 10% of the annual turnover of the company, whichever is greater.

The penalty for a person who fails to remove content expeditiously is up to 10,000 penalty units ($2.1million) and 3 years’ imprisonment.

eSafety Commissioner powers

The Act also provides the eSafety Commissioner the power to notify service providers that abhorrent violent material is available on their services. These notices create a presumption that the provider is aware of the material and puts providers on notice that such material should be removed.

Get more information

Available for download are the following documents:

These resources provide guidance on:

  • the offences contained in the Act and their operation
  • the obligations of internet service providers, hosting services and content services under the Act.
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