Senate amendments considered by the House of Representatives
29 November 2024
Finally passed both chambers
29 November 2024
Amends
Online Safety Act 2021
Status: Current legislation
The Online Safety Amendment (Social Media Minimum Age) Act 2024(Cth) is an Australian act of parliament that aims to restrict the use of social media by minors under the age of 16. It is an amendment of the Online Safety Act 2021, and was passed by the Australian Parliament on 29 November 2024. The legislation imposes monetary punishments on social media companies that fail to take reasonable steps to prevent minors from creating accounts on their services. The Act is expected to take force in 2025.
Implementation
Social media companies will be given a transition period of one year after the law is implemented to introduce reasonable controls to prevent minors under the age of 16 from having accounts on their services.[1] Enforcement will be through assessing fines social media companies up to AUD $50 million for failing to take such steps, with no consequences for parents or children that violate the restrictions.[1][2][3] There are no parental consent exceptions to the ban.[1] The ban is expected to apply to Facebook, Instagram, Reddit, Snapchat, TikTok and X (formerly known as Twitter) while services used for health care and education such as Messenger Kids, WhatsApp, YouTube, Kids Helpline and Google Classroom are expected to be exempt.[3][4]
Background
In 2024 in Australia, a plan was discussed to ban children from social media websites until they reach age 16.[5]Reuters traced the ban to an entreaty by the wife of South Australian Premier Peter Malinauskas to her husband. She requested that he read The Anxious Generation by Jonathan Haidt and take action to address the impact of social media on the mental health of children.[6] In November 2024, the government indicated their intention to engage Age Check Certification Scheme following a tender process for an age assurance technology trial.[7]
The plan is supported by the governments of every state and territory.[2] Prime Minister Anthony Albanese has described social media as a "scourge", said "I want people to spend more time on the footy field or the netball court than they’re spending on their phones", said that family members are "worried sick about the safety of our kids online", and said that social media "is having a negative impact on young people’s mental health and on anxiety".[8] The opposition Coalition, led by Peter Dutton, has promised to implement a ban within 100 days of being elected, calling it one of his highest priorities.[8]
The opposition organised an open letter signed by 140 experts who specialise in child welfare and technology.[5] The opposition is concerned about the invasion of privacy that will occur with the introduction of identification-based age checks.[5] An advocacy group for digital companies in Australia called the plans a "20th Century response to 21st Century challenges".[1] A director of a mental health service voiced concerns, stating that "73% of young people across Australia accessing mental health support did so through social media".[1]
Legislative history
On 21 November 2024, the Online Safety Amendment (Social Media Minimum Age) Bill 2024 was introduced into the federal parliament by the Minister for Communications, Michelle Rowland.[9][5][1] The bill was then referred to the Environment and Communications Legislation Committee of the Senate, which reported its findings on 26 November after having received 15,000 submissions. There was a 24 hour period for submissions to be made for or against the bill with the committee stating "Due to the short timeframe of this inquiry, the committee would appreciate submissions being limited to 1-2 pages."[10][11]
On 27 November, the House of Representatives passed the Online Safety Amendment (Social Media Minimum Age) Bill 2024 by a vote of 101 in favour and 13 against. The governing Labor Party, all of the Coalition except for Bridget Archer, and four independent MPs voted in favour of the bill. Six independent MPs, all the Greens, Rebekha Sharkie, and Bob Katter voted against.[12][13] The Senate passed the bill, with government amendments, by a vote of 34 votes in favour to 19 against the following day. The entire crossbench voted against this legislation, along with Alex Antic and Matt Canavan, of the Liberal and National Party respectively.[14] The House of Representatives then passed the bill again with these amendments.[3]
Reactions
An official at Meta, the parent company of Facebook, Instagram and WhatsApp, has stated that they intend to comply with any laws regarding age restrictions for children in Australia.[1]Snap, the owners of Snapchat have stated they intend to comply with the legislation.[3]
The Digital Industry Group was concerned about its implementation and potential impacts.[3] TikTok described the legislation as "rushed" and risked pushing younger users to "darker corners of the internet".[6]
Former High Court judge Robert French praised the legislation passing, saying "the basic sensible model is in place". French had previously been part of a review for the proposed South Australian state legislation.[6]
A poll conducted by YouGov in November 2024 revealed that 77 percent of Australians surveyed were in favour of the age limit, with a further 87 percent agreeing that social media companies that failed to comply should face stronger penalties.[15]
The Law Council has raised concerns over how the law may be implemented, stating that the scope of the legislation is too broad and presents risks to privacy and human rights.[17]
Polling from The Sydney Morning Herald's Resolve Political Monitor shows that 58% of people support the policy, and 25% think it will work compared to 67% who think the policy won't achieve its aims.[18]
^"Tender awarded for age assurance trial" (Press release). Department of Infrastructure, Transport, Regional Development, Communications and the Arts. 15 November 2024. Archived from the original on 28 November 2024. Retrieved 13 December 2024.
