The social media ban for children and teenagers under 16 has passed in the Senate and will be implemented at the end of 2025.
The new legislation was the last to be passed in the Senate at around 11:30pm on Thursday as the government attempted to tick off as many legislative agenda items as possible on the last day of the parliamentary year.
The bill passed 34 votes to 19 and will return to the House of Representatives for the big dogs to approve any amendments before everything officially becomes law.
The world-first legislation means that children and teenagers under 16 years of age will not be permitted to access social media platforms such as Instagram, TikTok, Snapchat and Facebook. The new laws come after the Government argued that barring young people from social media platforms was an important step in protecting their mental wellbeing.
The passed laws came after considerable debate with MPs such as Liberal senators Matt Canavan, Alex Antic and Labour’s Bridget Archer voting against the laws over fears that it was rushed through parliament and not thought out enough.
A spokesperson for Meta — the company that owns Facebook and Instagram — slammed the laws and claimed there was a “lack of evidence” to support that it had a negative impact on the mental health of young people.
“Naturally, we respect the laws decided by the Australian parliament. However, we are concerned about the process which rushed the legislation through while failing to properly consider the evidence, what industry already does to ensure age-appropriate experiences, and the voices of young people,” the statement read.
“Last week, the Parliament’s own committee said the “causal link with social media appears unclear,” with respect to the mental health of young Australians, whereas this week the rushed Senate Committee report pronounced that social media caused harm. This demonstrates the lack of evidence underpinning the legislation and suggests this was a predetermined process.”
So, what happens now?
Thankfully for the social media-addicted youth, the ban doesn’t come into effect overnight. The government, along with tech companies, have 12 months to put technology and action in place to ensure that “reasonable steps” are taken to keep underage people off the platforms.
As it stands, the bill does not specify which platforms will be banned. This will be decided down the track by Communications Minister Michelle Rowland with assistance from the eSafety Commissioner.
If the companies don’t take the necessary measures to keep young people away from the platforms, they could be fined up to $50 million. Originally, the legislation stated that Aussies wouldn’t have to provide any government identification to verify their age. However, in a late amendment, government ID could be used as long as another age assurance method is also allowed.
“Age-restricted social media platforms can only collect government-issued identification information or material if other alternative age assurance methods have been provided to users,” the report says.
“Alternative reasonable methods may include user interaction or facial age estimations. This ensures that government-issued identification cannot be required as the only form of identification by a platform. There must always be a non-government or non-Digital ID option available to Australians for age assurance on each relevant platform.”
What will happen to kids under 16 who DO access social media?
Honestly, nothing. Although social media platforms could cop a hefty fee if they don’t put restrictive measures in place, kids and parents who flout the rules and find a way onto social media platforms don’t face any penalties.
Interestingly, the new legislations are generally supported by most Aussie parents and caregivers, according to polling.
“For too long parents have had this impossible choice between giving in and getting their child an addictive device or seeing their child isolated and feeling left out,” Amy Friedlander, a parent lobbying for the band, told the BBC.
“We’ve been trapped in a norm that no one wants to be a part of.”
Well, there you have it. Like Anna Paul told PEDESTRIAN.TV, if I was under 16, I’d be spewing. However, as an adult with a fully formed frontal cortex, I see what the government is trying to do to protect the youth. Now, it’s up to them to ensure that the implementation is actually well thought out, effective and with the protection of children in mind.
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