Australia intends to ban children under the age of 16 from using social media after the Senate passed a bill by 34 votes to 19. The bill will go back to the House of Representatives, which will have to approve the amendments before it becomes law. This is only a formality as the government has a majority in that chamber. The bill, which was fast-tracked, passed through the lower house by a 102-13 vote earlier this week.
The government said that the new rules, which will not take effect for at least 12 months, will apply to platforms such as Snapchat, TikTok, Instagram, and X. However, officials still have to confirm which platforms are covered by the ban, as they are not detailed in the bill. The BBC notes that the country’s communications commissioner, Michelle Rowland, will determine this with the help of the so-called e-safety commissioner. The latter will be responsible for enforcing the law.
The rules will not apply to medical and educational services, gaming and messaging platforms, and applications that do not require an account. Thus, services such as Fortnite, Roblox, and YouTube are likely to avoid any bans.
Companies that fall under the law could be fined up to AU$49.5 million (USD32.1 million) if they fail to comply with its requirements. They will be forced to use age verification technologies, although their specifics have not yet been determined. The government plans to evaluate various options in the coming months, but Rowland confirmed this week that the platforms will not be able to force users to provide a personal document (such as a passport or driver’s license) to prove their age.
Researchers argue that the controversial age verification systems may not work in practice. Critics, meanwhile, have raised privacy concerns.
While there are certainly legitimate concerns about the dangers of social media, such platforms can be a lifeline for young people if used responsibly. They can help vulnerable children find resources and peers to turn to for advice. Social media can also help people in rural areas make genuine social connections with others living in other places.
Individuals under the age of 16 who continue to use prohibited platforms will not be penalized. Resourceful teenagers may find that it is very easy to circumvent the restrictions by using a VPN, which could render the law largely toothless. The online world also extends far beyond the reach of a small number of centralized social media platforms. There are other pockets of the Internet that teenagers can turn to instead. For example, there are still a large number of active forums for various interests.
When the law comes into force, Australia will have the highest minimum age for social media of any jurisdiction. France has submitted a bill to block users under the age of 15 from social media without parental consent, and it is now pushing for the European Union to adopt a similar decision across the bloc. Norway is planning to introduce similar legislation, and the UK’s technology minister recently said that this is a possible option for the country.
Last year, Utah passed laws restricting the use of social media by minors. The state’s governor repealed and replaced these laws earlier this year following legal challenges. However, in September, a judge blocked the latter law days before it was to take effect. Other states were considering similar laws.
