In a significant legislative move, the Federal Parliament has approved a nationwide prohibition on social media access for children under the age of 16. This decision follows persistent efforts by the South Australian Government to introduce measures that guard the younger population against the potential harms of social media.
The legislation, heralded by the Albanese Labor Government, was passed by both houses of Parliament, setting a groundbreaking precedent on a global scale. The law establishes a minimum age requirement of 16 for social media usage and is based on a framework developed by former Chief Justice of the High Court, the Honourable Robert French AC, at the behest of South Australian Premier Peter Malinauskas.
Recognizing the diverse threats posed by uncontrolled social media interaction to the mental health, wellbeing, and development of children, the State Government has been advocating for this ban. The new federal law mirrors these concerns, taking a firm stance on the necessity for consistent nationwide legislation.
The responsibility of enforcing this age limit now falls on the social media companies themselves. Platforms are mandated to implement reasonable measures to prevent children under 16 from creating accounts. Companies that fail to comply with these regulations face stringent penalties, with fines up to $49.5 million for systemic violations.
Despite the stringent restrictions, the legislation allows children continued access to certain online platforms for communication, gaming, and educational purposes. This includes essential services like Headspace, Kids Helpline, Google Classroom, and educational content on YouTube, ensuring that the ban does not hinder access to beneficial digital resources.
The legislative process benefitted from a collaborative approach, highlighted last month during a Social Media Summit co-hosted by the South Australian and NSW Governments. This cooperative spirit paved the way for the effective passage of the bill through Parliament.
Premier Peter Malinauskas commented on the legislation, saying “This legislation is world leading. It is in the interest of our children.”
“We want kids off phones, engaging with each other in a healthy way, and not being subjected to the addictive algorithms that we know major social media platforms deploy for their commercial interests at the expense of children’s mental health,” Malinauskas added.
He also shared his appreciation for the unified political support that the bill received, which underscores the bipartisan agreement on the importance of protecting children’s development from the adverse effects of premature social media exposure. “We can never ever allow commercial interests to usurp the interests of children reaching their potential,” he said.
The passage of this law marks a critical step forward in safeguarding the mental health and wellbeing of Australian children, ensuring they grow up in a healthier digital environment.
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