ACMA and AI content governance
The Australian Communications and Media Authority regulates Australian broadcasting services, telecommunications providers, and internet content under a suite of legislation including the Broadcasting Services Act, the Telecommunications Act, and the Online Safety Act. AI used in the production, distribution, or moderation of content on regulated services is subject to ACMA's jurisdiction through these frameworks.
AI-generated content broadcast on licensed television or radio services must comply with the same content standards as human-generated content — the source of the content does not change the compliance obligation. AI used in news production — for automated reporting, content summarisation, or personalised news delivery — creates specific accuracy and fairness obligations for broadcasters subject to ACMA codes. And AI content moderation systems used by social media platforms operating in Australia must be assessed against the Online Safety Act's requirements for content removal and reporting.
The Online Safety Act and AI-generated harmful content
The Online Safety Act 2021 creates obligations for social media services, relevant electronic services, and designated internet services to address harmful content — including class 1A (child sexual abuse material) and class 1B (material that advocates terrorism, violent crimes, or drug use). AI systems that generate content — including large language models, image generation tools, and video generation systems — create specific obligations for the operators of these systems if the AI can generate or facilitate the generation of prohibited content.
The eSafety Commissioner has jurisdiction to require the removal of harmful content and to take enforcement action against service providers. AI content platforms operating in Australia — whether developed locally or by international providers with Australian users — are within the Commissioner's jurisdiction. Governance of AI content generation systems should specifically address the risk of generating prohibited content and the processes for detecting, removing, and reporting such content.
