Protecting Youth: Australia's New Social Media Law
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Protecting Youth: Australia's New Social Media Law
  • Australia has passed a law banning children under 16 from using social media, set to take effect next year.
  • Social media companies could face fines for not taking reasonable steps to keep under-16s off their platforms.
  • The law has sparked debate about the impact of social media on young people's mental health and privacy concerns.
  • The legislation is expected to be closely watched by other countries as it could set a precedent for similar bans.

In a groundbreaking move, Australia has passed a world-first law prohibiting children under the age of 16 from using social media. The legislation, which received bipartisan support, was passed by the Senate of Australia and is set to come into effect by the end of next year. The government and the opposition party argue that this move is necessary to protect the mental health and wellbeing of children and teenagers.

The bill was passed by a comfortable margin, with Labor and most of the Coalition voting together. However, most of the crossbench voted against the bill. The law stipulates that social media companies could face fines of up to 50 million Australian dollars (about $32.5 million) for failing to take reasonable steps to keep children under 16 off their platforms. There are no penalties for young people or parents who flout the rules.

The law also states that social media companies won't be able to force users to provide government identification, including the Digital ID, to assess their age. Certain services such as 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. Sites like YouTube that do not require users to log in to access the platform are also exempted.

The Debate and Reactions

The decision to pass the bill was made on the final sitting day of the year by the Senate after an hour of spirited debate. The bill was introduced seven days ago and was referred for a Senate inquiry the same day. A three-hour hearing took place Monday and the report was tabled Tuesday.

The law has been met with mixed reactions. Some, like Labor Senator Karen Grogan, have highlighted the complexity of balancing restrictions with young people's needs. Tech companies have also pushed for more time, arguing that the government's age-verification trial had not concluded. Critics warn the measures could push young people towards unauthorized platforms or unsafe online spaces.

The legislation has also sparked a debate about the impact of social media on young people's mental health. Danielle Einstein, a clinical psychologist, supported the campaign to raise the age to social media, which she said offered no mental health benefits for young people. However, Nicole Palfrey from mental health organization Headspace, argued that there was a need to balance any harms from social media with the benefits of connection.

Privacy Concerns and Global Implications

The law has also raised concerns about privacy. Independent lawmaker Zoe Daniel said the legislation would "make zero difference to the harms that are inherent to social media." She added, "There is a reason why the government parades this legislation as world-leading, that's because no other country wants to do it."

The implementation of the ban will be guided by the government's age assurance trial, which will assess the effectiveness of current technologies and is expected to conclude in 2025. The rights of children, equality and non-discrimination and freedom of expression were all examined as were privacy considerations for all users who would have to hand over information to prove their age.

The law is expected to be closely monitored by other countries, with many weighing whether to implement similar bans. This move by Australia could potentially set a precedent for other countries to follow in the future.

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