Australia: fines of up to $32 million for social platforms that allow minors access

The Australian Parliament today passed a bill banning social media access to children under the age of 16. The bill was passed by both chambers with bipartisan support and the new law will force social media companies to take 'reasonable steps' to prevent young teenagers from having accounts. It is one of the toughest laws in the world against popular sites such as Facebook, Instagram and X. The ban affects networks such as Snapchat, TikTok, Instagram and X, and requires digital platforms, not parents, to take 'reasonable steps' to prevent minors from opening profiles, with fines of up to $32 million for 'systematic infractions'. Certain platforms such as WhatsApp and YouTube, which teenagers might need to do their homework, should be exempted.

However, the final list of banned sites will be provided by the government as soon as the law is published. After the Senate's OK with 34 votes in favour and 19 against, the bill must make the final, expected passage through the House of Representatives where the government has a majority. The ban will come into effect in 12 months at the earliest, but there are already those who express some concerns about how it will work and the possible impact on privacy. Some researchers have warned that the restrictions could be easily circumvented through tools such as a Vpn, which can mask a user's location.

Premier Anthony Albanese called the new law 'historic': 'We know that social media is causing social harm. We want Australian children to have a childhood and we want parents to know that the government is on their side. This is a historic reform: we know some kids will find alternative solutions, but we are sending a message to the social media companies to take action'. The government, however, has been criticised for the speed with which the bill was discussed and passed, a process that lasted barely a week despite a hundred amendments.

According to a poll conducted by YouGov this month, however, the vast majority of Australians are in favour of the law: 77 per cent were in favour. Finally, it should be noted that for minors or families violating the ban there is no penalty, but it is up to the tech companies to prove that they have the necessary tools in place to verify the age of users.

"Of course we respect the laws established by the Australian Parliament. However, we are concerned about the process that led to such a quick passage of the law, without properly considering the evidence, i.e. what the industry has already put in place to ensure age-appropriate experiences, as well as the views of younger people'. This is the comment of a Meta spokesperson, who in a note points out that 'last week, the same parliamentary committee stated that - with regard to the mental health of young Australians - "the causal link with social media does not appear clear", while this week the Senate committee's hasty report stated that social media is harmful. This demonstrates the absence of verified information behind the legislation, and suggests that it is a predetermined process'.