The latest legislation passed by the Australian federal parliament has sparked controversy by introducing a ban on individuals under 16 years old from having accounts on certain social media platforms. Despite criticism from experts and the Australian Human Rights Commission for rushing the legislation through without sufficient scrutiny, the ban enjoys widespread public support, indicated by a new poll showing 77% of Australians back the move. The implementation of this ban is not immediate, with a grace period of at least 12 months before it becomes effective.
The legislation's amendment of the existing Online Safety Act 2021 defines an "age-restricted user" as anyone below the age of 16, without specifically naming the platforms subject to the ban. Instead, it classifies an "age-restricted social media platform" as services primarily facilitating online social interaction and connection with others, outlining conditions for inclusion under the ban. While some services are explicitly excluded, the legislation lacks specific identification of exempt platforms, posing uncertainties about which social media sites will be affected.
Additionally, the legislation introduces strict penalties for non-compliant platforms, potentially facing fines of up to $50 million if they fail to take adequate measures to prevent under-16s from creating accounts. Despite reports suggesting YouTube will be exempt from the ban, clarity on exempt platforms remains elusive as the government has not officially confirmed any exclusions. Moreover, the legislation does not directly address messaging apps or gaming platforms, leaving uncertainties about their inclusion in the prohibition.
In response to the legislation, tech companies now face challenges in age verification processes, including verifying the ages of existing account holders and implementing mechanisms to prevent under-16s from creating accounts. The lack of explicit guidance on age verification methods creates ambiguity and logistical hurdles for social media platforms. Proposed options for age verification include credit card linkage and facial recognition technology, with ongoing trials exploring their feasibility, albeit amid concerns over biases and inaccuracies in existing facial recognition systems.