The South Australian Premier, Peter Malinauskas, has announced today the publication of a comprehensive legislative roadmap aimed at restricting children under the age of 14 from accessing social media platforms. The report, authored by the Honourable Robert French AC, former Chief Justice of the High Court, recommends stringent legislative actions.
This announcement follows an Independent Legal Examination initiated by the Premier earlier this May. The examination arose from increasing expert, educator, and parental concerns regarding the adverse effects of social media on children’s mental health and development. The issue has seen escalating debate over the role governmental policies should play in regulating minors’ exposure to digital platforms.
The 276-page report outlines the proposed “Children (Social Media Safety) Bill 2024,” which seeks to impose a positive obligation on social media companies to prevent users under 14 from accessing their platforms. It also suggests that children aged 14 and 15 should only be allowed access with parental consent. Companies that fail to comply would be subject to stringent penalties, enforced by a designated regulatory authority.
Malinauskas expressed the urgency and government’s role in this matter by stating, “The evidence is clear, social media is causing our children harm. And my intent is clear, we are going to do something about it. Parents throughout the state are looking for governments to provide guidance, support and regulation to tackle this challenge.”
According to the report, a dual-duty system would be put in place where social media providers would need to take reasonable steps, including the implementation of technology and processes, to prevent access by underage users. The regulatory authority overseeing the system would have the power to enforce compliance through financial penalties and could approach the Supreme Court for rulings against major infractions.
Families of children who suffer mental or physical harm due to unregulated social media access could also seek damages. Social media platforms demonstrating beneficial aspects for children could apply for exemptions under special circumstances.
French, reflecting on the implications of the proposed legislation, stated, “The issue of protecting children from the harms of social media is one of global concern. My hope is that South Australia’s initiative leads to a coherent national approach to this issue.”
The legislative proposal was discussed by Malinauskas with all state Premiers, Chief Ministers, and the Prime Minister at the National Cabinet on Friday. While the review recognises that individual states can enact their own laws independent of Commonwealth and other states, the South Australian Government has expressed a preference for a harmonised approach.
Looking ahead, the South Australian Government will commence consultations on the draft framework bill this week. Meanwhile, a joint Social Media Summit is scheduled for October 10 and 11 in Sydney and Adelaide. The summit will gather experts from regulatory, technical, ethical, and health sectors to discuss the complexities surrounding social media’s impact on society.
Click here for a copy of the report.
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