The BGA Australia Team, led by Managing Director Michael “Mick” McNeill, wrote an update to clients on the government’s proposed age-based ban for social media.

Context

  • Australian Prime Minister Anthony Albanese has announced plans for age restrictions on social media. Calls for age limits on social media have been growing in Australia amid widespread concern about children accessing violent, extremist and adult content and about cyberbullying and gambling.
  • The initiative continues the government’s targeting of social media platforms as it prepares to head to the polls. Lawmakers have been drafting legislation to hold digital platforms accountable for harmful misinformation and disinformation online and legislation that would bring the Privacy Act up to speed with the digital age. Meanwhile, the eSafety Commissioner has demanded information from social media companies about children’s use of their platforms.

Significance

  • The National eSafety Commissioner has requested information about children’s use of social media. Last week, tech firms Google, YouTube, Meta, TikTok, Snap Inc., Reddit Inc., Discord and Twitch were given 30 days from September 4 to provide details about how many children are using their platforms and the existing age-assurance measures the companies have in place.
  • The proposals for age verification follow a report by former Chief Justice of the High Court Robert French, which indicated the National eSafety Commissioner would be best positioned to regulate any measures but noted that existing state regulators could be appointed or a new regulator introduced. It also suggested that there could be an “exempt social media service” but advised against providing a legislated definition. A broad-ranging review of the Online Safety Act, which took effect in February, will report to the government this year. The act provides the eSafety Commissioner with substantial powers.
  • The report noted that as social media service owners and providers are generally corporations outside Australia, they would fall into the category of “foreign corporations” for the purposes of the Commonwealth’s constitutional power. While the states can also regulate foreign companies, the federal constitution stipulates that a state law cannot be inconsistent with a commonwealth law.

Implications

  • The legislation will be introduced this year following a consultation that will be informed by an age-verification trial (state governments and the eSafety Commissioner will be key stakeholders). Albanese stated, “We know social media is causing social harm, and it is taking kids away from real friends and real experiences.”
  • Responsibility for age verification has yet to be determined. During the ongoing parliamentary inquiry into social media, Meta called for age-verification to be applied at the point of app download, which would be the responsibility of Google or Apple. Snap has argued that device makers such as Apple and Samsung, rather than digital platforms, should be responsible for age verification because identity collection occurs when a new phone is registered.

We will continue to keep you updated on developments in Australia as they occur. If you have any questions or comments, 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