Objective of the Amendment:
- The Online Safety Amendment (Social Media Minimum Age) Bill, 2024 aims to reduce harm to children under 16 years of age using social media platforms by mandating age verification for account creation.
- The amendment adds a new Part 4A to the Online Safety Act of 2021 targeting social media platforms with age-restricted users (children under 16 years).
Relevance : Facts for Prelims
Provisions of the Bill:
- Mandatory Age Verification:
- Social media platforms are required to take reasonable steps to prevent users under 16 from creating accounts.
- Platforms impacted by the bill include major services like TikTok, Facebook, Snapchat, Reddit, Instagram, X (Twitter), etc.
- Penalties for Non-Compliance:
- Platforms that fail to comply with these requirements could face civil penalties of up to $49.5 million.
- Age Verification Guidelines:
- The eSafety Commissioner will issue guidelines for what constitutes “reasonable steps” for age verification and how platforms should enforce these steps.
Implementation Timeline:
- The law will be enforced no earlier than 12 months from the day of the legislation’s passage.
- A government-led age assurance trial will guide platforms on acceptable verification methods.
Privacy Concerns:
- Age Assurance Technologies:
- These technologies, used to verify age, raise concerns about privacy as they collect, store, and potentially share sensitive personal data.
- Privacy Obligations:
- Entities collecting personal data for age verification must comply with privacy rules under the Privacy Act, 1988.
- There will be penalties for improper use or disclosure of personal data, and platforms must destroy this data once it has been used for verification.
No Impact on Content Access:
- The amendment does not prevent children from accessing content on age-restricted social media platforms; it only prohibits them from creating accounts.
- Parents will not face penalties for allowing children under 16 to use social media.
Criticism and Concerns:
- Effectiveness of a Blanket Ban:
- Some experts argue that a complete ban on social media for children is too blunt an instrument and may not address risks effectively.
- Criticism from Australian Greens:
- The Greens have criticized the bill as being “rushed” and “reckless”, questioning whether it truly addresses the root causes of harm.
- Emerging Research on Social Media’s Impact on Children:
- Growing research highlights concerns about the mental health effects of social media on children, making the bill’s focus on reducing social media access timely, but not without contention.
Future Developments:
- The Australian government also plans to introduce a Digital Duty of Care to further ensure digital platforms proactively protect Australians from online harms.
