The BGA Australia Team led by Managing Director Michael “Mick” McNeill, wrote an update to clients on Australia’s proposed social media ban on children.

Context

  • The Australian government has introduced legislation that will prevent Australian children under 16 years from having a social media account. The bill introduces an obligation on providers of an age-restricted social media platform to take reasonable steps to prevent age-restricted users from having an account. The bill creates a new definition of “age-restricted social media platforms” that will include Snapchat, Facebook, TikTok, Instagram and X, among others.
  • The legislation will include a 12-month minimum lead-in time for the restrictions to commence. In deciding the date on which the minimum age obligation will kick in, the minister will be informed by the government’s currently ongoing age assurance trial. This will provide guidance to industry on what age assurance technologies would be considered “reasonable” and consistent with minimum age obligation.

Significance

  • The legislation introduces privacy protections, including prohibiting platforms from using information collected for age assurance purposes for any other intent, unless it is explicitly agreed to by the individual. Compliance with the minimum age obligation will likely involve some form of age assurance, which may require the collection, use and disclosure of additional personal information. Once the information has been used for age verification or any other agreed purpose, it must be destroyed by the platform (or any third party contracted by the platform). Serious and repeated breaches of these privacy provisions could result in penalties of up to $33 million under section 13G of the Privacy Act.
  • The ongoing age assurance trial includes an assessment of technologies to examine options to protect children from harmful online content, including on social media, and age-restricted content such as pornography. The three key elements to the trial are an independent testing and assessment of currently available age assurance technologies; consumer research into Australians’ attitudes towards the use of age assurance technologies; and stakeholder consultation with young Australians, parent groups, academics, the digital industry (including platforms) and community groups.

Implications

  • The legislation does not dictate how platforms must comply with the minimum age obligation. However, it is expected that at a minimum, the obligation will require platforms to implement some form of age assurance. The outcomes of the government’s ongoing age assurance trial will likely be instructive for regulated entities and will form the basis of regulatory guidance issued by the e-Safety commissioner.
  • The bill will create new civil penalties and require age-restricted social media platforms to take reasonable steps to prevent age-restricted users from having an account. A failure by the provider will be subject to 30,000 civil penalty units (currently equivalent to $6.5 million). This increases to 150,000 penalty units (currently equivalent to $32.7 million) if the provider is a corporate body. Penalties do not apply to under aged users who may gain access to an age-restricted social media platform, or to their parents, caregivers or educators.

We will continue to keep you updated on developments in Australia as they occur. If you have any comments or questions, please contact BGA Australia Managing Director Michael “Mick” McNeill at mmcneill@bowergroupasia.com.

Best regards,

BGA Australia Team

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Managing Director

Mick is a highly-experienced government relations expert and trusted advisor on consensus building, conflict resolution and legislative developments. He has played an integral role in helping parties achieve desired outcomes in areas of national security, health policy, foreign policy and reputational crisis management, as well as media relations, communications campaigns, immigration and human rights. Mick has two decades’ experience working with government as a media analyst, political adviser and NGO advocacy manager. After a stint serving as an adviser to an Australian senator, Mick took on the role of the locally engaged senior political specialist at the U.S. Embassy in ... Read More