Is OnlyFans Illegal in Australia – Facts You Need to Know

OnlyFans has been one of the most talked-about sites on the internet in the last few years. It lets authors send exclusive photos, videos and messages directly to paying subscribers. Many Australians wants to know is OnlyFans against the law in Australia.

No, OnlyFans is not against the law in Australia. However, there are strict regulations regarding what content can be shared and the methods of transmission. For both authors and subscribers to stay on the right side of Australian law, they need to know these rules.

Understanding what OnlyFans is

OnlyFans is a subscription service that lets authors submit material for fans who pay for it. Mostly known for its pornographic content, the platform also hosts musicians, chefs, fitness experts and other creative individuals. Still, the most common and controversial use of it is to share pornographic or explicit information.

Adults in Australia have the legal right to create and consume sexually explicit content online, provided that it adheres to categorisation standards and originates from consenting adults. That’s when things can become challenging.

Is OnlyFans illegal in Australia?

No, it is not against the law to use OnlyFans in Australia. As long as they are above 18 and the content does not break Australian law, Australians can lawfully view or make content on the network.

But it is against the law to post or share material that:

• Includes those under 18
• Shows or encourages violence, bestiality or exploitation
• Includes individuals who didn’t agree to be videotaped or shared
• Breaks rules of copyright or abuse of images

The Online Safety Act 2021 lets the eSafety Commissioner take down illegal or prohibited content from the internet, even from sites like OnlyFans.

The Online Safety Act and eSafety rules

Australia has some of the best rules for keeping people safe online. The eSafety Commissioner can do the following under the Online Safety Act:

• Look into complaints regarding content that is hurtful, unlawful or not consensual.
• Make platforms take down things that are offensive.
• Help those who are victims of image-based abuse, including when someone shares private content without permission.

If artists or subscribers on OnlyFans disobey these rules, their content can be taken down and they might face big penalties or even jail time.

What’s legal and what’s not on OnlyFans in Australia

Here’s a quick breakdown for Australians who use or make content on OnlyFans:

Legal:

• Adults sharing consensual explicit content
• Subscription-based content with age verification
• Artistic or educational material with adult themes

Illegal:

• Content involving minors
• Non-consensual sharing (revenge porn)
• Animal-related or violent sexual material
• Deepfakes of real people without consent

If you’re not sure what constitutes illegal content, the best thing to do is to look at the eSafety website or get legal advice.

How image-based abuse laws affect creators

In Australia, distributing or threatening to disclose intimate pictures without permission is a crime.

Even if you post anything on OnlyFans, other people can’t take screenshots or share them without your consent. You could get in trouble with the law in both the Commonwealth and the state if you do this.

The eSafety Commissioner can quickly take down any pictures or videos that have been shared online without permission.

Age limits and content ratings

People who are 18 years old or older can use OnlyFans. Users must show identity before they can make or view explicit content on the platform.

Explicit content is usually categorised as X18+ or R18+ in Australia, according to the country’s classification laws. You can make this kind of content if:

• Everyone who is involved is an adult.
• The acts are agreed upon.
• There is no violence, coercion or unlawful material involved.

Even if they don’t mean to, creators can’t post anything that goes against these rules.

Is it legal to subscribe to OnlyFans in Australia?

Yes. Adults in Australia can lawfully sign up for OnlyFans accounts that post legal content. You can’t share or repost sponsored material outside of the platform because that would break copyright and privacy regulations.

Downloading, sharing, or posting someone else’s paid content without their permission is called “unauthorised distribution” and it can get you in trouble with the law.

Tax responsibilities for Australian OnlyFans creators

The Australian Taxation Office (ATO) says that money you make through OnlyFans is taxable income.

Creators have to:

• You should report your OnlyFans earnings as company or self-employment income.
• Keep track of all your payments, costs and deductions.
• If their income is above the limit, they must pay GST.

The ATO may audit you or impose fines if you fail to report your income.

Risks beyond the law: privacy and reputation

It may be legal to make content for OnlyFans, but there are societal and personal consequences to think about.

• Privacy: Even if your content is behind a paywall, it can spread quickly once it’s online.
• Employment: Some jobs contain rules or moral clauses that could influence yours.
• Mental health: Dealing with internet harassment or leaked content can be hard on your mind.

It’s a beneficial idea to keep your real life and your online life separate if you want to be a creator on OnlyFans.

Safety tips for Australian OnlyFans users

1. Use robust privacy settings to keep your personal information safe.
2. Don’t shoot in places that are easy to identify, such as outside your house.
3. Keep copies of everyone’s identification and signed consent papers in your films.
4. Watermark your stuff to show that you own it and stop thieves.
5. Please report any misuse or theft of your content by contacting the eSafety Commissioner promptly.

Conclusion

So, is it against the law to use OnlyFans in Australia? No, although there are strict rules about it. As long as they follow the law, obtain permission and respect privacy and classification requirements, Australians can lawfully make and view content on OnlyFans.

It’s crucial for creators to handle it like any other business and follow the rules for taxes, privacy and internet safety. For viewers, it’s about consuming content in a responsible way and never sharing anything without permission.