World / Technology

Labor backs 16 as the minimum age to use social media ahead of national cabinet meeting

16:20 pm on 7 November 2024

By Maani Truu, ABC News

Photo: 123RF

Australian children and teenagers under the age of 16 could soon be banned from using social media after Labor announced it would back the higher cut-off limit.

The government had previously committed to introducing the legislation that would get kids off social media by the end of the year, but earlier suggested it would not announce a specific cut-off age until after a trial of verification technology.

Prime Minister Anthony Albanese also confirmed on Thursday that the proposed legislation would not include grandfathering arrangements - meaning young people already on social media would not be exempt - nor would it allow for exemptions due to parental consent.

A virtual national cabinet meeting will be held on Friday to discuss the changes, where states and territory leaders will be asked to support the policy.

Australian Prime Minister Anthony Albanese. Photo: RNZ / Angus Dreaver

Labor's decision to back the higher cut-off age comes after the coalition announced it would support a minimum age of 16 earlier this year.

The changes would come into force a year after the legislation is passed by parliament, Albanese told reporters, and there will be a review of the rules after they commence.

"This is world-leading legislation and we want to make sure we've got it right," Albanese said.

"We think there will be some, of course, exclusions and exemptions as well for this, to make sure that there aren't unintended consequences - but we think this is absolutely the right thing."

Some social media platforms already have policies barring anyone under the age of 14 from joining, but they can be notoriously difficult to enforce.

The prime minister argued that access to social media was causing harm to young people's mental health and he was "calling time on it".

"I've spoken to thousands of parents, grandparents, aunties, and uncles and like me they are worried sick about the safety of our kids online," he said.

"I want parents to be able to say, 'Sorry mate, it's against the law for me to let you do this'."

Communications Minister Michelle Rowland acknowledged that social media offers many benefits to young people, such as helping them stay connected, but that it also brought many harms.

"As a mother of two young daughters, I understand this personally," she said.

"I want to say to parents … when it comes to protecting children from the harms caused by content or addictive behaviours as a result of social media, we are on your side."

Onus will be on social media giants

Shadow Communications Minister David Coleman described social media use by young people as "one of the defining issues of our era" and one that "shouldn't be bipartisan in any way" as he welcomed the government's announcement.

"We want to make sure that the legislation is strong and that there aren't loopholes," he said, standing in Parliament House with advocacy group 36 Months which has long lobbied for the minimum age to be set at 16.

"We don't think that TikTok can be made safe for children, we do not think that Snapchat can ever be made safe for children, and we don't think that Instagram can be safe for children."

Under the proposed changes, social media companies will bear the onus of enforcing the age limit rather than parents and there would be no penalties for users.

As for what social media platforms would be included in the legislation, Rowland said platforms like Instagram, TikTok, Facebook, X, and YouTube would likely "fall within that definition".

The government said the definition of what would constitute an age-restricted social media platform would be adapted from the existing definition in the Online Safety Act, but it would have flexibility and could be narrowed through regulations.

Earlier this week Rowland said the legislation would include an "exemption framework" to encourage platforms to "develop age-appropriate safe and healthier versions of their service".

For example, Rowland said there could be the potential for carve-outs for platforms deemed "low risk" by the eSafety Commissioner.

Coleman said the coalition did not want to see a situation where major social media companies could seek exemption from the laws.

"We do not think that with a tweak here or a change there that you can make TikTok safe for kids - that applies to products like Instagram and Snapchat as well," he said.

But he was confident that the laws could be enforced, even if it was not perfect.

The legislation will be developed in conjunction with states and territories and be informed by a review undertaken by the South Australian government as part of its draft laws.

Under South Australia's proposed laws, social media companies would be forced to ban children under the age of 14 from their platforms or face hefty fines.

"We don't argue that the changes that we will be legislating will fix everything immediately," Albanese said.

"We have laws, such as people can't buy alcohol if they're under 18, and from time to time that can be broken - but those laws set the parameters of our society."

- ABC