Timeline:
On 10 September 2024, the Federal Government announced plans to restrict social media (hereafter, ‘SM’) use for teens, targeting various Social Media Platforms (hereafter, ‘SMPs’). This proposal was formed following elevated concerns by various media outlets and child safety experts over negative mental and psychological effects of SM on young users.
Subsequently, on 7 November 2024, the Government confirmed the age threshold for the ban to be set at 16, a stricter approach than the suggestion by South Australian Premier, Peter Malinauskas, to float a state-based law to block children under 14.
A national cabinet meeting was arranged between all Premiers and the Prime Minister on 8 November 2024, to approve this newly specified threshold and discuss rolling out legislation by next year.
The Proposal:
- The Ban
The proposed ban would apply to children under 16 irrespective of parental consent (i.e. ‘no exemptions on age limit’). Additionally, “grandfathering arrangements” would be excluded, depriving existing young social media users of their access.
However, young people would not face penalties for bypassing the ban, as the onus instead rests upon SMPs to show that they are taking reasonable steps to prevent access.
The ‘eSafety Commissioner’ would subsequently act as Australia’s online regulator overseeing the ban’s enforcement and ensuring that SMPs act appropriately.
Non-compliant SMPs may face severe new financial penalties, potentially exceeding $1 million, were the eSafety Commissioner to acquire greater powers.
Consequently, if the bill is passed, SMPs would have approximately 12 months to implement appropriate technological measures to restrict SM access, or face these substantial fines.
- Affected SMPs
The ban would cover a wide range of SMPs including, but not limited to:
- X (formerly Twitter)
- TikTok
- Snapchat
- YouTube (likely to fall within the ban’s scope)
- Technological Implementation
In 2023, the eSafety Commissioner recommended a ‘double-blind tokenised approach’ wherein a third-party provider would securely transfer data between sites and age-assurance providers to safeguard user privacy.
Nevertheless, the Labour Government’s proposed age-verification mechanisms remain under review, pending to completion of a $6.5 million government-funded technology trial (testing biometric and government ID systems).
Ultimately, the proposed ban remains disputed with various supporting and dissenting parties.
If you or someone you know wish to share your thoughts or concerns over this ground-breaking proposal, then please do not hesitate to contact us on 02 8999 9809.