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Government Enacts Social Media Ban Legislation, Key Details Yet to Be Disclosed

The recent amendments to the Online Safety Act have extended the definition of “age-restricted social media platforms” to include not only major players like Facebook, Instagram, TikTok, and Snapchat but also many smaller platforms. However, certain platforms such as WhatsApp, online gaming services, and educational tools like Google Classroom are exempt from these restrictions.

Under the revised legislation, these platforms are required to take stringent steps to prevent anyone under 16 from creating or maintaining an account. The details regarding how these platforms will handle existing accounts of minors remain unclear, especially as the new laws do not include any grandfathering clauses. It is expected that some sort of age verification method will be implemented to comply with these rules.

Interestingly, the legislation does not extend to content consumption; minors will still be able to watch YouTube videos and view posts on Facebook, indicating that the restrictions primarily focus on account creation. This may leave a loophole for minors to access anonymous and less regulated areas of the internet.

Should these platforms fail to comply with the new regulations, they could face hefty fines of up to nearly A$50 million. Despite these stringent penalties, the government acknowledges the practical difficulties in completely preventing minors from accessing popular platforms like Instagram and Facebook.

The laws will come into effect “at least” one year after they are passed in parliament, providing time for platforms to adapt to these changes.

The drive towards these stricter regulations has been significantly influenced by media-driven campaigns like News Corp’s “Let Them Be Kids,” which pointed to the harmful impacts of social media on young people. This campaign has gained the backing of various state governments and the opposition, who are all pushing for tougher social media regulations for those under 16.

However, the approach taken at recent summits, designed to discuss the impact of social media on the mental health of young people, has been criticized for being overly biased and seemingly set up to promote the idea of a social media ban. Furthermore, a recent parliamentary inquiry into the impact of social media, while stopping short of recommending a complete ban, has suggested measures that would increase users’ control over their online environments.

Instead of a blanket ban, over 140 experts have recommended that the government implement a “duty of care” for digital platforms and introduce a Children’s Online Privacy Code. These measures would provide targeted protections that balance the need to safeguard young users while allowing them the benefits of digital engagement.

These alternatives suggest a framework where minors can navigate the digital landscape safely, being equipped with the tools to proactively manage their online interactions. The ongoing legislative developments and debate will play a crucial role in determining how online safety is redefined to create a balanced and enriching digital environment for young users.

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