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Online Safety Amendment

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Online Safety Amendment (Social Media Minimum Age) Act 2024
Parliament of Australia
  • An Act to amend the Online Safety Act 2021, and for related purposes
CitationOnline Safety Amendment (Social Media Minimum Age) Act 2024 (Cth)
Territorial extentAustralia
Enacted byHouse of Representatives
Enacted bySenate
Assented to byGovernor-General Sam Mostyn
Assented to10 December 2024
CommencedThe Online Safety Act 2021 was amended by this Act on 11 December 2024, whereas the provisions are expected to take force a year from passage.
Legislative history
First chamber: House of Representatives
Bill titleOnline Safety Amendment (Social Media Minimum Age) Bill 2024
Bill citationOnline Safety Amendment (Social Media Minimum Age) Bill 2024 (Cth)
Introduced byMichelle Rowland
Committee responsibleSenate Environment and Communications Legislation
First reading21 November 2024
Second reading25 November 2024
Voting summary
  • 96 voted for
  • 6 voted against
  • 49 absent
Considered by the Senate Environment and Communications Legislation Committee26 November 2024
Consideration in detail27 November 2024
Third reading27 November 2024
Voting summary
  • 101 voted for
  • 13 voted against
  • 37 absent
Passed27 November 2024
Committee report"Online Safety Amendment (Social Media Minimum Age) Bill 2024 [Provisions] Report - November 2024".
Second chamber: Senate
Bill titleOnline Safety Amendment (Social Media Minimum Age) Bill 2024
Received from the House of Representatives27 November 2024
Member(s) in chargeJenny McAllister
First reading27 November 2024
Second reading28 November 2024
Voting summary
  • 34 voted for
  • 19 voted against
  • 24 absent
Third reading28 November 2024
Voting summary
  • 34 voted for
  • 19 voted against
  • 24 absent
Passed with amendments28 November 2024
Final stages
Senate amendments considered by the House of Representatives29 November 2024
Finally passed both chambers29 November 2024
Amends
Online Safety Act 2021
Status: Current legislation

The Online Safety Amendment (Social Media Minimum Age) Act 2024 (Cth) is an Australian Act of parliament that aims to restrict the use of social media by minors under the age of 16. It is an amendment of the Online Safety Act 2021, and was passed by the Australian Parliament on 29 November 2024. The legislation imposes monetary punishments on social media companies that fail to take reasonable steps to prevent minors from creating accounts on their services. The Act is expected to take force in 2025.

Implementation

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Social media companies will be given a transition period of one year after the law is implemented to introduce reasonable controls to prevent minors under the age of 16 from having accounts on their services.[1] Enforcement will be through assessing fines social media companies up to AUD $50 million for failing to take such steps, with no consequences for parents or children that violate the restrictions.[1][2][3] There are no parental consent exceptions to the ban.[1] The ban is expected to apply to Facebook, Instagram, Reddit, Snapchat, TikTok and X (formerly known as Twitter) while services used for health care and education such as Messenger Kids, WhatsApp, YouTube, Kids Helpline and Google Classroom are expected to be exempt.[3][4]

Background

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In 2024 in Australia, a plan was discussed to ban children from social media websites until they reach age 16.[5] Reuters traced the ban to an entreaty by the wife of South Australian Premier Peter Malinauskas to her husband. She requested that he read The Anxious Generation by Jonathan Haidt and take action to address the impact of social media on the mental health of children.[6] In November 2024, the government indicated their intention to engage Age Check Certification Scheme following a tender process for an age assurance technology trial.[7]

The plan is supported by the governments of every state and territory.[2] Prime Minister Anthony Albanese has described social media as a "scourge", said "I want people to spend more time on the footy field or the netball court than they’re spending on their phones", said that family members are "worried sick about the safety of our kids online", and said that social media "is having a negative impact on young people’s mental health and on anxiety".[8] The opposition Coalition, led by Peter Dutton, has promised to implement a ban within 100 days of being elected, calling it one of his highest priorities.[8]

The opposition organised an open letter signed by 140 experts who specialise in child welfare and technology.[5] The opposition is concerned about the invasion of privacy that will occur with the introduction of identification-based age checks.[5] An advocacy group for digital companies in Australia called the plans a "20th Century response to 21st Century challenges".[1] A director of a mental health service voiced concerns, stating that "73% of young people across Australia accessing mental health support did so through social media".[1]

Legislative history

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On 21 November 2024, the Online Safety Amendment (Social Media Minimum Age) Bill 2024 was introduced into the federal parliament by the Minister for Communications, Michelle Rowland.[9][5][1] The bill was then referred to the Environment and Communications Legislation Committee of the Senate, which reported its findings on 26 November after having received 15,000 submissions. There was a 24 hour period for submissions to be made for or against the bill with the committee stating "Due to the short timeframe of this inquiry, the committee would appreciate submissions being limited to 1-2 pages."[10][11]

On 27 November, the House of Representatives passed the Online Safety Amendment (Social Media Minimum Age) Bill 2024 by a vote of 101 in favour and 13 against. The governing Labor Party, all of the Coalition except for Bridget Archer, and four independent MPs voted in favour of the bill. Six independent MPs, all the Greens, Rebekha Sharkie, and Bob Katter voted against.[12][13] The Senate passed the bill, with government amendments, by a vote of 34 votes in favour to 19 against the following day. The entire crossbench voted against this legislation, along with Alex Antic and Matt Canavan, of the Liberal and National Party respectively.[14] The House of Representatives then passed the bill again with these amendments.[3]

Reactions

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An official at Meta, the parent company of Facebook, Instagram and WhatsApp, has stated that they intend to comply with any laws regarding age restrictions for children in Australia.[1] Snap, the owners of Snapchat have stated they intend to comply with the legislation.[3]

The Digital Industry Group was concerned about its implementation and potential impacts.[3] TikTok described the legislation as "rushed" and risked pushing younger users to "darker corners of the internet".[6]

Former High Court judge Robert French praised the legislation passing, saying "the basic sensible model is in place". French had previously been part of a review for the proposed South Australian state legislation.[6]

A poll conducted by YouGov in November 2024 revealed that 77 percent of Australians surveyed were in favour of the age limit, with a further 87 percent agreeing that social media companies that failed to comply should face stronger penalties.[15]

The Privacy Commissioner, Carly Kind, has expressed scepticism regarding the legislation.[16]

The Law Council has raised concerns over how the law may be implemented, stating that the scope of the legislation is too broad and presents risks to privacy and human rights.[17]

Polling from The Sydney Morning Herald's Resolve Political Monitor shows that 58% of people support the policy, and 25% think it will work compared to 67% who think the policy won't achieve its aims.[18]

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Further reading

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References

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  1. ^ a b c d e f g The Associated Press (7 November 2024). "Australia proposes social media ban for children under the age of 16". NPR. Melbourne, Australia. Archived from the original on 21 November 2024. Retrieved 20 November 2024.
  2. ^ a b Angus, Daniel (21 November 2024). "The government has introduced laws for its social media ban. But key details are still missing". The Conversation. Archived from the original on 22 November 2024. Retrieved 22 November 2024.
  3. ^ a b c d e McGuirk, Rod; Chan, Kelvin (29 November 2024). "Australian Parliament bans social media for under-16s with world-first law". The Associated Press. Melbourne, Australia; London. Archived from the original on 29 November 2024. Retrieved 28 November 2024.
  4. ^ Britton, Alexander (29 November 2024). "What to know about Australia's new social media ban". SBS News. Australian Associated Press and Reuters. Archived from the original on 30 November 2024. Retrieved 30 November 2024.
  5. ^ a b c d Truu, Maani; Lavoipierre, Ange (8 November 2024). "The government plans to ban under-16s from social media platforms. Here's what we know so far". ABC News. Archived from the original on 22 November 2024. Retrieved 22 November 2024.
  6. ^ a b c Kaye, Byron (29 November 2024). Perry, Michael (ed.). "Australian social media ban started with call to act by politician's wife". Reuters. Sydney. Archived from the original on 29 November 2024. Retrieved 29 November 2024.
  7. ^ "Tender awarded for age assurance trial" (Press release). Department of Infrastructure, Transport, Regional Development, Communications and the Arts. 15 November 2024. Archived from the original on 28 November 2024. Retrieved 13 December 2024.
  8. ^ a b Middleton, Karen (13 June 2024). "Albanese follows Dutton's lead with tougher position on children's social media ban". The Guardian. ISSN 0261-3077. Archived from the original on 22 November 2024. Retrieved 20 November 2024.
  9. ^ Whiteman, Hilary (21 November 2024). "Australia introduces bill to limit under-16s from using social media with tech companies facing huge fines". CNN World. Brisbane, Australia. Archived from the original on 30 November 2024. Retrieved 30 November 2024.
  10. ^ "Online Safety Amendment (Social Media Minimum Age) Bill 2024 [Provisions]". Committee Secretary Senate Standing Committees on Environment and Communications Parliament House Canberra ACT: Parliament of Australia. Archived from the original on 30 November 2024. Retrieved 1 December 2024.
  11. ^ Truu, Maani (25 November 2024). "Social media age ban inquiry flooded with 15,000 submissions after Elon Musk weighs in". ABC News. Archived from the original on 27 November 2024. Retrieved 28 November 2024.
  12. ^ "Online Safety Amendment (Social Media Minimum Age) Bill 2024". Parliament House Canberra ACT Australia: Parliament of Australia. 27 November 2024. Archived from the original on 27 November 2024. Retrieved 28 November 2024. Question That the bill be agreed to
  13. ^ Jose, Renju; Kaye, Byron (28 November 2024). Paul, Sonali; Mayberry, Kate (eds.). "Australia nears social media ban for children after heated debate". Reuters. Sydney, Australia. Archived from the original on 27 November 2024. Retrieved 28 November 2024.
  14. ^ Gould, Courtney; Fleming, Tessa; Crowley, Tom (28 November 2024). "Senate passes social media ban for under 16s among 32 bills — as it happened". ABC News. Social media ban for under 16s passes. Archived from the original on 30 November 2024. Retrieved 16 December 2024.
  15. ^ "Support for under-16 social media ban soars to 77% among Australians". YouGov. 26 November 2024. Archived from the original on 2 December 2024. Retrieved 2 December 2024.
  16. ^ Kind, Carly (1 December 2024). "We've turned kids into outlaws. It won't work, but we can still make social media safer for them". The Sydney Morning Herald. Archived from the original on 2 December 2024. Retrieved 3 December 2024.
  17. ^ "Online Safety Amendment (Social Media Minimum Age) Bill 2024". Submissions. Law Council of Australia. 27 November 2024. Resources. Archived from the original on 13 December 2024. Retrieved 13 December 2024.
  18. ^ Chrysanthos, Natassia (16 December 2024). "Australians like banning teens from social media. They just don't think it'll work". The Sydney Morning Herald. Archived from the original on 15 December 2024. Retrieved 16 December 2024.
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