Australian PM’s proposed law makes social platforms responsible for age assurance

Australian Prime Minister Anthony Albanese is proposing a minimum age of 16 years social media users and wants the onus of responsibility for age assurance put on the platforms.

In comments from a press conference announcing the proposal, Albanese says “social media is doing harm to our kids and I’m calling time on it.” The PM says families across Australia are worried about their kids’ safety online, and while the proposed changes won’t fix everything immediately, “I want Australian parents and families to know that the Government has your back.”

The legal age requirement will be enforced by the eSafety Commissioner and penalties would fall on platforms who fail to demonstrate they are taking “reasonable steps” to prevent access. “The onus won’t be on parents or young people,” Albanese says. “There will be no penalties for users.” The law would apply to major social platforms including Facebook, Instagram, X (formerly Twitter), TikTok and YouTube.

The eSafety Commissioner is also to issue guidance for platforms, based in part on the results of an ongoing trial of age assurance methods. Legislation will come into effect 12 months after passage and will be subject to reviews to ensure it is living up to the goal of being “truly world leading”. For young users, there will be no exemptions for parental consent. But the law only applies to accounts; underage users can still access social platforms if they are not logged in.

Alnabese says there will likely end up being some exclusions and exemptions “to make sure that there aren’t unintended consequences.” But, he says, “we know the social harm that can be caused and we know the consequences here. We think this is absolutely the right thing.”

The PM plans to convene a National Cabinet meeting online to drum up support for the proposed legislation before introducing it to Parliament when it returns in two weeks.

Minimum age is ‘pragmatic’ in aiming to balance access and safety

Minister for Communications Michelle Rowland says the government arrived at the 16-year age threshold through “a pragmatic approach.”

“We’ve consulted widely with experts, with parents, with youth organizations, with advocacy groups, with academics and of course, our state and territory colleagues,” the minister says. The government’s approach to age-based regulation “helps to achieve a balance between minimizing those harms that are caused by young people accessing social media while still enabling connection and inclusion. The normative value that this will provide to parents is immense.”

Rowland calls the welfare of children a collective responsibility and says it is “heartening” to see the Commonwealth and States and Territories working together for a common outcome. Albanese also notes related efforts to strengthen digital safety for young people, such as reviewing the Online Safety Act to make sure it is fit for purpose, investing in digital literacy and classifying deepfake pornography as a crime.

Will social media platforms comply with age assurance requirements?

A big question hovering over the announcement is whether or not social platforms can be trusted to follow the rules as dictated – and what will happen if they don’t. Rowland says the one-year lead time is there to enable companies to properly prepare and deploy age verification tools ahead of enforcement and that the age assurance trial is also part of the effort to transition smoothly.

As to penalties, they will be “enhanced” to ensure compliance. And the government wants to emphasize: “it will be very clear from the legislation that the onus will be on the platforms to comply. They will need to take reasonable steps to do that.” That onus also includes the ability to execute effective age assurance without alienating adult users.

And what of the elephant in the room when it comes to social media – namely, pushback against regulations from a powerful tech lobby that includes the owner of one of the world’s largest social platforms, who also happens to be the richest man on Earth and a close ally of the new U.S. president elect?

“Every company that operates in Australia, whether domiciled here or otherwise, is expected and must comply with Australian law or face the consequences,” Rowland says.

Article Topics

age verification  |  Australia  |  children  |  digital identity  |  face biometrics  |  legislation  |  selfie biometrics  |  social media