Commonwealth Consolidated Acts

ONLINE SAFETY ACT 2021 - SECT 13

  (1)   For the purposes of this Act, social media service means:

  (a)   an electronic service that satisfies the following conditions:

  (i)   the sole or primary purpose of the service is to enable online social interaction between 2 or more end - users;

  (ii)   the service allows end - users to link to, or interact with, some or all of the other end - users;

  (iii)   the service allows end - users to post material on the service;

  (iv)   such other conditions (if any) as are set out in the legislative rules; or

  (b)   an electronic service specified in the legislative rules;

but does not include an exempt service (as defined by subsection   ( 4) ).

Note:   Online social interaction does not include (for example) online business interaction.

  (2)   For the purposes of sub paragraph   ( 1)(a)(i), online social interaction includes online interaction that enables end - users to share material for social purposes.

Note:   Social purposes does not include (for example) business purposes.

  (3)   In determining whether the condition set out in sub paragraph   ( 1)(a)(i) is satisfied, disregard any of the following purposes:

  (a)   the provision of advertising material on the service;

  (b)   the generation of revenue from the provision of advertising material on the service.

Exempt services

  (4)   For the purposes of this section, a service is an exempt service if:

  (a)   none of the material on the service is accessible to, or delivered to, one or more end - users in Australia; or

  (b)   the service is specified in the legislative rules.