Australia has imposed a sweeping ban on social media for children under 16, one of the world’s most comprehensive measures aimed at safeguarding young people from potential hazards online. But many details were still unclear, such as how it will be enforced and what platforms will be covered.
After sailing through Parliament’s lower house on Wednesday, the bill passed the Senate on Thursday with bipartisan support. Prime Minister Anthony Albanese has said that it puts Australia at the vanguard of efforts to protect the mental health and well-being of children from the detrimental effects of social media, such as online hate or bullying.
The law, he has said, puts the onus on social media platforms to take “reasonable steps” to prevent anyone under 16 from having an account. Corporations could be fined up to 49.5 million Australian dollars (about $32 million) for “systemic” failures to implement age requirements.
Neither underage users nor their parents will face punishment for violations. And whether children find ways to get past the restrictions is beside the point, Albanese said.
“We know some kids will find workarounds, but we’re sending a message to social media companies to clean up their act,” he said in a statement this month.
As with many countries’ regulations on alcohol or tobacco, the law will create a new category of “age-restricted social media platforms” accessible only to those 16 and older. How that digital carding will happen, though, is a tricky question.
The law specifies that users will not be forced to provide government identification as part of the verification process, a measure that the conservative opposition said was included after they raised concerns about privacy rights.
It is also not clear exactly which platforms will be covered by the ban. The prime minister has said that Snapchat, TikTok, Instagram, and X will be included, but YouTube and messaging apps including WhatsApp are expected to be exempt.
France last year passed a law requiring parental consent for social media users under 15, and it has been pushing for similar measures across the European Union. Florida this year imposed a ban for users under 14 and required parental consent for 14- and 15-year-olds, but that law could face constitutional challenges.
Leo Puglisi, a 17-year-old Australian teenager who runs a news site, 6 News, that is staffed mostly by teens, said he had full confidence that his 14-year-old brother would easily find a way to circumvent any restriction.
He described social media as an integral part of growing up today. He and his contemporaries are aware that it can cause harm, but they rely on it to find communities of people with similar interests, he said.
A blanket ban would do little to counteract the dangers of the platforms, he said.
“None of the harmful content would be removed. It just kicks the can down the road and throws you into the deep end at 16,” he said. “It might sound good on paper, but in reality,y it’s not practical.”
But Dany Elachi, who has five children between the ages of 7 and 15, said the law would help to change the norms around social media usage. Many parents concerned about its harmful effects feel they have no choice but to let their children use it so they don’t feel left out.
“When you think your child might be isolated, that’s what puts parents under a lot of pressure,” said Elachi, co-founder of the Heads Up Alliance, a network of parents who are trying to delay their children’s use of social media and smartphones. “If everybody misses out, no one misses out.”
Kylea Tink, an independent lawmaker representing North Sydney, criticized the bill in the debate in the lower house on Tuesday as a “blunt instrument.” She said the law would stop short of holding social media companies accountable for the safety of the products they are providing.
“They are not fixing the potholes; they are just telling our kids there won’t be any cars,” she said.
During the same debate, Stephen Bates of the Australian Greens party cited his experience as a 13-year-old addicted to the video game “The Sims.” His father installed a program so his computer would automatically shut down after an hour, he recalled.
“It took me 10 minutes to figure out how to get around that,” said Bates, now a 32-year-old lawmaker. “As the youngest person in this chamber and one of very, very few people in this place who grew up with this technology and with social media, I can say that change is needed, but this bill is not it.”
Now that the law has passed, social media companies have a 12-month period to meet the requirements. The task of sorting out the details of its implementation will fall to Julie Inman Grant, Australia’s eSafety Commissioner.
She said the technologies behind age verification were rapidly advancing, arising from past efforts to limit underage exposure to pornography or gambling sites. A trial commissioned by the Australian government is underway to test them.
In an interview, she said she did not doubt that tech giants would find a way to comply.
“They’ve got financial resources, technologies,s and some of the best brainpower,” she said. “If they can target you for advertising, they can use the same technology and know-how to identify and verify the age of a child.”
This article originally appeared in The New York Times.
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