CANBERRA, Australia — The Australian government announced Wednesday that it will not require adult websites to implement age verification, citing concerns about privacy and the immaturity of existing technology.

Government Rejects Mandate, Cites Privacy and Technology Concerns

Communications Minister Michelle Rowland released the eSafety Commissioner’s roadmap for age verification for online pornographic material on Wednesday, along with the government’s response. The roadmap had been with the government since March 2023, following a five-month delay.

The government’s response to the roadmap stated that "each type of age verification or age assurance technology comes with its own privacy, security, effectiveness or implementation issues." It further clarified that any age verification technology must operate effectively without circumvention, be applicable to pornography hosted outside Australia, and avoid introducing risks to the personal information of adults accessing legal pornography. The government concluded that "a decision to mandate age assurance is not yet ready to be taken."

Instead of mandating age verification, the Australian government has instructed eSafety Commissioner Julie Inman Grant to collaborate with the industry. This collaboration aims to develop a new code focused on educating parents about accessing filtering software and limiting children's access to inappropriate material or sites. The new set of codes will be developed by eSafety after the first set of industry codes is implemented in December of this year. An independent statutory review of the Online Safety Act is also scheduled for 2024 to ensure its fitness for purpose, with completion expected within the current term of government. The UK's approach to age assurance will also be monitored.

Industry Reaction and Commissioner's Background

The Free Speech Coalition (FSC) commended the Australian government's decision not to mandate age verification for adult sites, describing it as "sensible and judicious." The FSC stated that the decision represented "a victory for the privacy of Australians." Alison Boden, Executive Director of the Free Speech Coalition, noted that the government found "age assurance technologies are immature, and present privacy, security, implementation and enforcement risks." Boden added that the government "has chosen to prioritize the protection of citizens' sensitive information while preserving their access to lawful content." The FSC expressed its commitment to collaborating with governments, industry stakeholders, and advocacy groups to ensure responsible practices that protect children, safeguard privacy, and uphold free speech rights.

Julie Inman Grant, the eSafety Commissioner, has been described as vocally anti-porn. XBIZ reported that Inman Grant has acknowledged conversations with NCOSE, a U.S.-based, religiously-inspired anti-porn lobby. She appeared on an NCOSE podcast at the Coalition to End Sexual Exploitation summit in July 2021, shortly after the Australian Parliament passed the country’s Online Safety Act. Inman Grant received degrees from Boston University and American University, and worked in politics in Washington D.C. before working for Microsoft, Twitter, and Adobe. Her official bio states she "lead[s] the world’s first government regulatory agency committed to keeping its citizens safer online." She was reappointed for a five-year term by the Australian government in January 2022.

The roadmap for age verification was originally commissioned in June 2020 by the right-wing government of Prime Minister Scott Morrison, following a parliamentary inquiry into age verification for online adult content. The Morrison government had endorsed Inman Grant’s proposal to institute intrusive measures to determine identity and age for accessing sexual content.

In November 2021, Australian investigative outlet Crikey published a report on Inman Grant’s focus on banning online porn. The report, based on documents obtained under Australia’s Freedom of Information Act, indicated animosity from the country’s top internet regulator toward press coverage of her contacts with NCOSE and other foreign organizations.

Previous Actions and User Impact

In March, several Aylo-owned sites, including Pornhub, RedTube, YouPorn, and Tube8, implemented "Safe For Work" mode for Australian users, removing explicit content and limiting access to existing subscribers. This action was taken in protest against an online safety crackdown enforced by the eSafety Commissioner. Talks about age-assurance measures began in 2021 and intensified last year, with rules coming into effect in March.

The implementation of these rules led to adult-content creators and sex workers expressing concerns about loss of income and a potential shift of viewers to unregulated sites. Some Australian porn consumers reported invasive verification processes, such as X asking for video selfies to view adult content. Users also expressed discomfort with linking sensitive data to government IDs or submitting facial data for AI verification.

Key Facts

  • The Australian government will not mandate age verification for adult websites.
  • The decision is based on concerns about privacy, security, and the immaturity of current age verification technologies.
  • Communications Minister Michelle Rowland released the eSafety Commissioner's roadmap and the government's response on Wednesday.
  • eSafety Commissioner Julie Inman Grant is tasked with developing a new code to educate parents on filtering software.
  • The Free Speech Coalition (FSC) praised the government's decision as a "victory for the privacy of Australians."
  • Julie Inman Grant has acknowledged conversations with the U.S.-based anti-porn lobby NCOSE.