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The Australian House of Representatives recently passed the Online Safety Amendment (Social Media Minimum Age) Bill 2024, which requires certain social media platforms to take reasonable steps to prevent children under 16 from having accounts. did. The bill would also amend the Age Discrimination Act 2024 to facilitate this reform. If the bill passes the House of Lords, it will become a law for Royal Assent.
What is the new law about?
There is currently no legal minimum age for using social media in Australia. Children under the age of 13 generally cannot create social media accounts. This is a restriction imposed by the global platform in accordance with US law regarding children’s online privacy.
The purpose of this amendment (New Part 4A – Minimum Age for Social Media), inserted into Australia’s existing Online Safety Act 2021, is to “reduce the risk of harm to age-restricted users from certain types of social media platforms.” “to reduce.” Age Restricted User means an “Australian child under the age of 16”.
Age-restricted social media platforms (ARSMPs) affected by this amendment include electronic services that enable online social interaction between two or more end users and that allow end users to post content to the service. (with some exceptions).
Australia’s communications minister has revealed that the government expects the ARSMP to include at least TikTok, Facebook, Snapchat, Reddit, Instagram, X and more. These services will be required to take “reasonable steps” to prevent anyone under 16 from creating or holding an account. However, the Minister will also have the discretion to place “digital services outside the scope of the ARSMP definition”.
How will the ban be enforced?
The law proposes that ARSMP providers “must take reasonable steps to prevent age-restricted users from having accounts on age-restricted social media platforms.” Failure to meet this requirement could result in civil penalties of up to $49.5 million. However, what is meant by “reasonable measures” is not defined in the bill.
It is the duty of the eSafety Commissioner to develop and promote written guidelines for taking reasonable steps to prevent age-restricted users from having accounts on age-restricted social media platforms. Masu.
The eSafety Commissioner is Australia’s independent regulator for online safety. eSafety supports individuals and promotes online safety for all Australians. The Age Verification Roadmap released by eSafety in March 2023 found that “the age verification market is immature but evolving.” Each technology had benefits and tradeoffs.
The proposed restrictions will not take effect more than 12 months after the proposed effective date. In consultation with affected stakeholders, the Government’s Age Assurance Test will provide guidance to the industry on which age assurance techniques are deemed to be ‘reasonable’ and consistent with minimum age obligations. However, we have confirmed that all ARSMP account holders must verify their age.
The law does not impose an obligation on ARSMP to prohibit persons under the age of 16 from accessing content on its platform. There are no civil penalties for parents who provide access to ARSMP to children under 16 years of age.
What are the privacy concerns?
It has been observed that “age-guaranteed technologies can pose privacy risks due to the type and amount of data they collect, store, use, and share.” Regarding privacy issues, the proposed law would establish privacy obligations where an “entity” maintains personal information about an individual that is collected for the purpose of taking reasonable steps to establish identity. It’s planned. If an entity uses or discloses information without falling within an exception under the Privacy Act 1988, it may be subject to penalties under the Act.
It also imposes an obligation on entities to destroy the information they collect “after it has been used or disclosed for the purpose for which it was collected.” The government also announced its intention to legislate a “digital duty of care” to “hold digital platforms accountable for actively protecting the safety of Australians and more effectively preventing harm online”.
Is social media harmful to children?
The latest research shows that social media can affect children’s mental health. While social media has many benefits, its risks are also well recognized. Children may be at increased risk because they lack the skills, experience, and cognitive abilities to navigate complex environments. The Joint Select Committee on Social Media and Australian Society report acknowledged that undeniable harms included “the impact of eating disorders, bullying and self-harm”.
Despite the above reports, a complete ban on children’s social media use is not considered to be the most advantageous solution. Some researchers and academics have expressed concern that a ban is too blatant a measure to effectively address the risks. The Australian Green Party criticized the bill as “rash, reckless and contrary to the evidence”.
Have any other countries attempted such a ban?
Australia is probably the first country to enact such legislation. The U.S. Communications Decency Act of 1996 was the first attempt to make the Internet safer for minors. However, the U.S. Supreme Court rejected the section, stating that the section intended to protect minors from obscene speech was too broad and an unconstitutional abridgement of the First Amendment and free speech rights. did. A second attempt to protect minors from exposure to sexually explicit content on the Internet also failed, with the Supreme Court striking down the Children’s Online Protection Act of 1998.
Then, in 2000, Congress enacted the Children’s Internet Protection Act, which required schools and libraries to install filters on computers used by minors or forfeit federal funds. Ta. To comply with the law, libraries must demonstrate that they have filtering technology in place. That’s why the United States has laws that protect children in schools and libraries from obscene materials.
What is India’s position on social media restrictions for children?
India has laws that penalize various acts of online “child pornography” (child abuse and exploitative material), but do not prohibit children from creating and maintaining accounts on social media platforms.
Currently, intermediaries and social media platforms are required to comply with ‘due diligence’ to prevent the commission of various online crimes, but Section 79 of the IT Act applies to content posted by third parties. protected on the basis of The Union Information and Broadcasting Minister recently said social media platforms need to be faster in checking obscene material posted by third parties. However, it is unclear whether the government is considering introducing legislation that would restrict children of a certain age from having accounts on social media platforms.
RK Vij, former Indian police officer
issued – December 26, 2024 8:30 AM IST
