In a groundbreaking announcement, The Australian Federal Government has passed its social media ban for under 16s – and with bipartisan support. The news came late on the Parliament's last sitting day of the year for 2024. The Greens and a handful of Independent candidates voted against the law, calling for more time and analysis before the snap decision.
Under the law, tech companies could be fined $50 million if they are found not to have taken "reasonable steps" to keep children under 16 off their platforms. The networks included in the ban (that we know) of are TikTok, Facebook, Instagram and Snapchat. It is unclear whether networks like Pinterest or Tumblr will be included too.
Prime Minister Anthony Albanese said of the ban: “Social media is doing harm to our kids, and I’m calling time on it."
“I’ve spoken to thousands of parents, grandparents, aunties and uncles. They, like me, are worried sick about the safety of our kids online, and I want Australian parents and families to know that the government has your back.
“I want parents to be able to say: ‘Sorry, mate, it’s against the law’.”
How exactly is this going work, and when will the new laws come into effect? Here's what we know.
When will the age restrictions come into place?
From the end of next year – that is the end of 2025. This means it will come into effect in roughly 10-12 months from November 2024, when the law was passed.
The delay is likely to allow the social media platforms time to adjust to the new guidelines.
What does this look like for existing account holders?
This is the part that is unclear at this stage - but we do know that users under 16 who have accounts are not exempt.
The current age limit for Instagram for example is 13, but as any Instagram account user would know, it is very easy to get around the current flimsy restrictions in place. This means there are currently thousands of social media accounts that belong to children under 16.
Since there will be no grandfathering arrangement, and anyone under 16 with an existing account needs to have theirs shutdown, it will soon be the responsibility of companies like Meta to ensure that anyone under 16 is identified and removed.
Will that mean that all existing account holders over 16 will need to show a proof of age in order to keep their accounts? We’re not sure at this stage but will keep you updated.
How will people prove their age? And what is age assurance technology?
We've been told that the ban will use "age assurance" technology. This an umbrella term that covers a range of technologies designed to determine a user's age.
The Australian government is launching an "age assurance trial" in partnership with the UK's Age Check Certification Scheme to test various technologies. It's not clear exactly what this means, but the scheme in question specialises in age verification, from traditional methods like ID checks, to modern AI technology that can estimate a person's age by reading their facial features.
It remains unclear how social media platforms will implement this technology.
What we do know is that social media companies will not be able to force users to provide government identification including a digital ID to prove their age.
How will the social media ban be enforced?
Communications Minister Michelle Rowland has indicated that there will be penalties for the social media companies if they do not effectively comply with the new ban for children under 16. Specifically, companies will be fined up to $50 million for systematically breaching age verification laws
It will ultimately be the platforms that are responsible for policing the age limit. Some experts have suggested that new account users will be required to show identification or proof of age in order to open an account.
Prime Minister Anthony Albanese has confirmed that parents and children will not be penalised individually if they break the ban.
Which social media platforms will the ban apply to?
Communication have listed that the ban applied to Facebook, TikTok, Instagram and Snapchat. Whether this will also apply to curation tools like Pinterest, Twitter (currently known as X) or Tumblr remains to be seen.
According to the ABC, "Messaging apps," "online gaming services" and "services with the primary purpose of supporting the health and education of end-users" will not fall under the ban. Also, sites like YouTube that don't require accounts to use the platform are exempt too.
According to The Conversation, the Government was considering an exception for "low-risk" platforms:
"exemption framework to accommodate access for social media services that demonstrate a low risk of harm to children."
But there has been no further definition around what actually constitutes "low-risk"
Standby for more information.
Why is this happening?
Prime Minister Anthony Albanese cited poor mental health as his primary concern when discussing the reason for the law.
But of course, there are mixed views on this point.
Some mental health experts are in favour of the law. But there is a significant number of experts who believe this is the wrong move - including Reach Out Australia.
Additionally, social media is a significant source of news for young people and restricting their access could be seen as a way to restrict their access to information.
Others have questioned why the Australian Government sees those under 16 as too young for social media, but the criminal age of responsibility is as young as 10 in some states and territories.
More to come.
