Australia has enacted the Online Safety Amendment (Social Media Minimum Age) Bill 2024, a world-first law aimed at protecting children under 16 from potential harm on social media platforms.
Story Summary:
- Australia has passed a groundbreaking law banning children under 16 from accessing social media platforms.
- Non-compliance could lead to fines as high as A$49.5 million (est. R582 million).
- The law, effective from January 2025, is already drawing criticism from tech companies and youth advocates.
Australia passes new law that bans social media for children under 16
Passed by Parliament this week, the legislation sets strict age restrictions, making it illegal for children under 16 to create accounts on platforms like TikTok, Instagram, and Snapchat.
The law requires social media companies to implement robust age-verification mechanisms, including technologies that do not rely on sensitive personal information like ID uploads.
Platforms are expected to identify and block underage users effectively. The ban will undergo trial implementation starting January 2025, with full enforcement a year later.
Australia’s eSafety Commissioner will oversee compliance and has been granted broad powers to audit platforms and demand evidence of their age-restriction measures.
The Commissioner can also publicly name companies that fail to meet the requirements.
According to Reuters, public polls revealed significant support for the law, with 77% of Australians agreeing with the age restrictions.
However, the legislation has sparked debate. Advocates argue it will shield children from risks like online bullying, exploitation, and harmful content.
Critics, including some youth advocates and privacy experts, warn that the law could lead to increased surveillance and data collection, inadvertently exposing users to new vulnerabilities.
Here’s how much social media platforms will be fined for violating the ban
Social media platforms that fail to comply with the age restrictions face fines of up to A$49.5 million (est.R582 million).
The fines break down as follows:
- Platforms that allow children under 16 to create accounts can be fined up to A$8.25 million (est. R97.1 million) per individual violation under civil penalty provisions.
- Additional penalties of up to A$5.5 million (est. R64.7 million) may apply if companies fail to provide requested compliance information or intentionally mislead the eSafety Commissioner.
The law also includes penalties for mishandling personal data collected during the verification process. Platforms must destroy such data immediately after use, and any violations of this requirement could lead to further fines under the Privacy Act 1988.
Some platforms, such as YouTube, have been exempted due to their widespread use in education.
However, platforms like X (formerly Twitter) and Meta, which owns Instagram and Facebook, are not exempt and have already criticised the legislation.
Elon Musk described it as a potential “backdoor way to control access to the internet.”
The law has also raised concerns about how underage users might circumvent restrictions, potentially driving them to use more dangerous or less regulated online spaces.
Australia’s legislation sets a precedent for other nations considering stricter regulations on Big Tech to safeguard children.
However, the move has also sparked concerns about unintended consequences, including the isolation of vulnerable groups like LGBTQIA+ youth and challenges for families relying on social media for connection.
Tech companies have a year to adapt to the new requirements. In the meantime, debate over the balance between child protection and privacy rights is expected to intensify globally.
