New legislation is poised to be introduced in federal parliament in the coming week, aiming to prohibit children under the age of 16 from accessing popular social media platforms, a move that has sparked widespread discussion about its implications.
Despite the impending announcement, numerous questions remain unanswered regarding the practicalities of how this ban will be implemented and the mechanisms that will ensure compliance. Further ambiguity surrounds which specific platforms will fall under the restrictions outlined in this bill.
While it is evident that major social media platforms such as Instagram, TikTok, and X are likely to be included in this ban, there are other platforms that may find themselves exempt either entirely or partially from the restrictions.
This exemption may apply to services classified primarily as “messaging services” instead of general social media platforms.
Alternately, a platform might qualify for exemption if it has rolled out an “age-appropriate” version designed specifically for younger audiences.
Even though the laws are slated for public disclosure next week, the government intends to embark on a year-long consultation process to thoroughly determine the parameters of the proposed ban.
Instagram, TikTok and Facebook poised for age restrictions
The upcoming bill will introduce a refined definition of social media, which aims to encompass the key players that the government identifies as most concerning in terms of youth engagement.
Communications Minister Michelle Rowland has consistently identified platforms like TikTok, X, Instagram, and Facebook as primary targets for inclusion in the ban due to their potential risks to younger users.
In addition to these platforms, YouTube is also anticipated to fall under the ban; however, Minister Rowland has clarified that YouTube Kids is likely to be exempt from these restrictions (more details on this below).
A spokesperson for the minister has indicated that the government is in the process of crafting a comprehensive and adaptable definition that will keep pace with evolving digital landscapes.
Concerns regarding Snapchat’s potential exemption from the social media ban
“The new definition will capture a range of services that have features that are considered harmful for young people,” they stated.
“The definition will be deliberately broad and robust, to reflect the diverse range of services typically considered by the community to be social media.”
“The exemptions framework will ensure non-social media services will not be age-restricted.”
Notably, while the aforementioned major platforms are clear targets, there are several others that have not yet been addressed by the minister.
Platforms such as Facebook Messenger, Whatsapp, and Snapchat rank among the most frequently used social media platforms in Australia, according to data from online media monitor Meltwater.
Messaging platforms may be excluded
Minister Rowland has indicated that the legislation will seek to specifically leave out “messaging services” from the proposed ban, presenting a possible reprieve for platforms like WhatsApp and Facebook Messenger — both part of the Meta family — which primarily serve as means for direct communication.
However, the fate of Snapchat remains uncertain, with the opposition seizing upon this ambiguity to voice their concerns.
Snap, the parent company of Snapchat, has actively sought to be excluded from any social media restrictions, emphasizing the conceptual differences it has compared to platforms such as Instagram and TikTok.
Messaging platforms will be exempt from the government’s ban. (ABC News: Claudia Long/Canva)
Henry Turnbull from Snap testified in a parliamentary inquiry earlier this year that Snapchat is intentionally designed to serve as an “antidote to traditional social media platforms.”
“Our app is intentionally designed very differently,” he explained.
“Snapchat is a visual messaging app for communication with friends and family, not a platform for connecting with strangers or sharing unmoderated content to broad audiences.”
Understanding the “Digital Duty of Care” framework
Snap has articulated that when users of other apps enter their platforms, they are immediately greeted with a news feed, a feature Snapchat intentionally lacks.
Despite the uncertainty surrounding Snapchat’s classification, Communications Minister Rowland has left the door open regarding its potential exclusion as a messaging service.
Nonetheless, the Coalition is firmly advocating for its inclusion within the ban.
Shadow Communications Minister David Coleman voiced concerns over Snapchat’s impact on youth, asserting that the platform has caused significant emotional harm to many Australian families.
“It is alarming for Australia’s youth to have age limits imposed on social media while platforms like Snapchat may be exempted,” he voiced his discontent. “The minister must clarify that Snapchat will not escape these vital regulations.”
Clarification needed for YouTube Kids and Instagram Teen Accounts
Minister Rowland has encouraged social media platforms to consider establishing designated, age-appropriate channels catered to younger users, thereby promoting safer online environments.
Speaking to Nine radio, the minister highlighted YouTube Kids as a prime example of such a platform.
“Our intention is to incentivize platforms to create low-risk services,” she asserted.
Approved exemption candidates may include services like YouTube Kids, which is tailored specifically for preschool to early adolescent children, meticulously curating content to ensure safety and age-appropriateness.
There’s uncertainty over whether services for teenagers like YouTube Kids and Instagram Teen Accounts will qualify for exemptions from the ban. (ABC News: Claudia Long/Canva)
YouTube Kids also equips parents with extensive options to curate the content their children engage with if they so choose.
Given the platform’s child-friendly content and favorable reception among parents, it seems a reasonable candidate for exemption.
In contrast, more contentious platforms may seek exemptions.
In an ongoing effort to foster safer online spaces, Meta has been innovating with a concept called Instagram Teen Accounts, aimed at adjusting the broader Instagram experience for younger audiences.
These Teen Accounts come with automatic privacy settings, requiring user approval for new followers and limiting messages to connections only.
Notifications will also alert users when they have spent a cumulative hour on the platform, while sensitive content will be filtered out from view.
However, these settings can be changed, and users under 16 will need to acquire parental consent.
The ABC inquired whether Meta intends to seek an exemption for Instagram Teen Accounts, yet the company has withheld comments pending the bill’s public release.
Meta’s Head of Safety, Antigone Davis, remarked that empowering parental controls presents a more effective alternative to a sweeping ban on young people’s online access.
“Research shows parents want to be involved in their teens’ online lives,” Davis emphasized, suggesting that parental approval and age verification at various usage stages could be beneficial.
Should Meta succeed in garnering exemptions for Instagram Teen Accounts and similar platforms, it could establish a precedent for other companies to follow.
Coalition advocates for strict measures on exemptions
Both the Labor government and the Coalition express the need for a social media ban, with both parties advocating for its passage by year-end.
Explaining the framework for a minimum age on social media
However, the Coalition is advocating for an uncompromising approach regarding exemptions, cautioning that if young people continue accessing major social media networks in any capacity, they may withdraw their support.
Shadow Communications Minister David Coleman stressed that the legislation must not harbor any “loopholes.”
“We need to ensure no exemptions are available for major platforms like Instagram, TikTok, or Snapchat,” he declared emphatically.
“Creating seemingly safe versions of these applications does not eliminate the inherent risks they pose to children.”
Coleman emphasized the need for robust legislation to ensure children’s safety.
The opposition is prepared to work constructively with the government following the bill’s introduction next week.
Determining the criteria for exemptions
If the proposed social media ban bill is passed in the coming weeks, it will mark just the beginning of a lengthy process.
This legislation will initiate a comprehensive 12-month discussion aimed at defining how the ban will function in everyday application before it officially comes into force.
During this period, social media companies will have the opportunity to present their case for exemptions or make necessary adjustments to comply with the stipulated criteria.
Additionally, the government must devise a strategy for enforcing the ban effectively.
Ultimately, social media platforms will bear the responsibility for ensuring compliance with the ban and could be subjected to penalties should users under 16 circumvent these regulations.
In parallel, the government is initiating an “age assurance trial” in collaboration with the UK-based Age Check Certification Scheme to explore various effective age verification technologies.
The consortium specializes in age verification methods that include everything from traditional ID checks to innovative AI systems that analyze facial features to estimate age.
There is still much left to uncover within the legislation once it is presented to parliament next week, along with numerous implementation details that will require attention even after the bill is passed.
How are social media platforms like Snapchat and Instagram responding to proposed regulations under the “Digital Duty of Care” initiative?
### Understanding the “Digital Duty of Care” Framework
The “Digital Duty of Care” initiative marks a pivotal evolution in online safety regulations in Australia, showcasing the government’s commitment to enhancing the digital environment for children.
Snap, the parent company of Snapchat, has pointed out that while users of many other apps are met with a news feed upon joining, Snapchat does not offer this feature, which raises questions about its classification amid proposed regulations. Communications Minister Rowland has indicated that while there is ambiguity about Snapchat’s categorization, there’s potential for its exclusion from the definition of a messaging service. However, the Coalition is firmly pushing for its inclusion in the upcoming restrictions, citing concerns about the platform’s impact on youth. Shadow Communications Minister David Coleman has raised alarms over the emotional harm reported by families due to Snapchat, expressing the need for stringent regulations that would prevent Snapchat from evading the new rules.
### Clarification Needed for YouTube Kids and Instagram Teen Accounts
Minister Rowland has urged social media companies to consider developing dedicated, age-appropriate channels for younger users, facilitating safer online interactions. She highlighted platforms such as YouTube Kids as exemplary in this regard. The government aims to encourage the establishment of low-risk services, with YouTube Kids being a prime candidate for exemption due to its tailored, safe environment for children.
The status of other platforms like Instagram’s Teen Accounts remains uncertain. YouTube Kids allows parents to control the content their children access, making it a favorable choice for exemption. On the other hand, Instagram’s initiative for Teen Accounts seeks to enhance safety through features like privacy settings that require user approval for new followers and filtered sensitive content. However, the flexibility of these settings raises concerns, as changes can be made without parental involvement, and parental consent is mandatory for users under 16.
As the announcement on the new regulations approaches, Meta has chosen to refrain from commenting on whether they will seek exemptions for Instagram Teen Accounts, awaiting the bill’s public release. The company’s Head of Safety, Antigone Davis, highlighted the importance of parental controls and engagement over sweeping online access restrictions.
### Coalition Advocates for Strict Measures on Exemptions
Both the Labor government and the Coalition have acknowledged the necessity of a ban on certain social media platforms and aim for its implementation by the end of the year. However, the Coalition insists on a strict approach concerning exemptions, warning that any allowance for youth access to major platforms could jeopardize their support for the legislation. Shadow Communications Minister Coleman stressed that the new regulations must not feature any loopholes, insisting that platforms like Instagram, TikTok, and Snapchat should not be granted exceptions, arguing that creating “safer” versions does not mitigate the risks to children.
The opposition is prepared to collaborate constructively with the government on the legislation set to be introduced next week, underscoring the critical need for effective measures that ensure the safety of children in the evolving digital landscape.
