The New Social Media Law

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I emphasise that I am sharing my personal perspective here, not my employers… as education departments across Australia have only just started to consider the ramifications of the law. My intention when preparing this was that I wanted to self-inform so that my multimedia storytelling musings in SMOOTHIES shared with teachers and other educators were not in conflict with the law – despite us still having a full year before it comes into effect.

I was and am confident that the education technology information that I share through SMOOTHIES is in the best interests of shifting skill levels with educational technology upwards. That includes keeping informed about relevant legislation on Social Media and of course AI.

Being informed removes many questions and if you do read on, as an educator or parent, I hope you find the law is a positive step. If you are from one of the affected social media companies, it may not be so good and for the people the law is trying to protect, if it saves the life of one classmate or reduces bullying of a classmate then it’s a step worth taking.

Social Media Ban for minors in Australia – A summary and brief discussion from an educator’s perspective – By Mark Christie and compiled with help from CoPilot.

Contents

The Legislation (click this link to view the legislation)

Let’s start with the fundamentals of the new law with an explanation from the perspective of the user, carers, parents, educators and the listed social media companies.

Nothing happens for at least one year after the bill is passed which means that it will be the end of 2025 before it is implemented. It will draw upon age verification technology being developed for the purpose of excluding access to sites where under 16 access is banned.

YouTube has been explicitly excluded from the ban.

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Fundamentals of the Law

  • Age Restriction: Children under 16 are banned from using social media platforms.
  • Platform Responsibility: Social media companies must take reasonable steps to prevent under-16s from creating or maintaining accounts.
  • Penalties: Platforms face fines up to AUD 50 million for non-compliance.
  • Privacy Protections: Platforms cannot require government-issued ID for age verification.
  • Exemptions: Messaging apps, online gaming services, and educational/health support services are exempt.

User’s Perspective (Under 16)

  • Access Denied: You won’t be able to create or maintain accounts on social media platforms like TikTok, Instagram, or Facebook.
  • Privacy Concerns: Your privacy is protected as platforms can’t demand government IDs for age verification.
  • Alternative Platforms: You can still use messaging apps and online gaming services.

Carer/Parent’s Perspective

  • Safety Assurance: The law aims to protect your child from online harms like bullying and mental health risks.
  • No Penalties for Parents: There are no fines or penalties for parents if their child violates the law.
  • Monitoring: You may need to monitor your child’s online activities more closely to ensure compliance.

Educator’s Perspective

  • Educational Focus: The law supports a safer online environment, potentially reducing distractions and negative influences on students.
  • Guidance Role: Educators can guide students on safe online practices and the importance of adhering to the law.
  • Support Resources: Schools might need to provide alternative resources for students to connect and seek help online.

What are the penalties for non-compliance?

The penalties for non-compliance with the Australian law regarding the use of social media by people under 16 are quite significant:

  • Fines for Platforms: Social media companies can be fined up to AUD 50 million if they fail to take reasonable steps to prevent under-16s from creating or maintaining accounts[1][2].
  • No Penalties for Users or Parents: There are no fines or penalties for parents or children who violate the restrictions[2].

References

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Social Media Companies Affected

The social media platforms affected by the Australian ban for users under 16 include:

  • TikTok
  • Facebook
  • Instagram
  • Snapchat
  • Reddit
  • X (formerly Twitter)[1]

These platforms will need to take reasonable steps to prevent under-16s from creating or maintaining accounts to comply with the new law.
References

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Affected Social Media Company Requirements

The new Australian law imposes several requirements on social media companies to prevent users under 16 from accessing their platforms. Here are the key requirements:

Age Verification:

  • Social media platforms must implement age verification processes to ensure users are 16 or older[1].
  • Platforms cannot require government-issued ID for age verification[1].

Parental Consent:

  • If a user under 16 attempts to create an account, the platform must obtain verifiable parental consent[2].

Reasonable Steps:

  • Companies must take reasonable steps to prevent under-16s from creating or maintaining accounts[1].
  • This includes using technology and processes to identify and remove underage users[1].

Penalties for Non-Compliance:

  • Platforms face fines of up to AUD 50 million for failing to comply with the law[1].

Exemptions:

  • Messaging apps, online gaming services, and services primarily for health and education are exempt from these requirements[3].

These measures aim to protect young users from potential online harms while balancing privacy and practicality.
References

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Steps for Educators

What steps should educators take in advising students?

Educators play a crucial role in guiding students on safe and responsible social media use. Here are some steps they can take:

Educate on Digital Citizenship:
  • Teach students about responsible online behavior, including respect for others and understanding the impact of their digital footprint.
  • Incorporate lessons on privacy settings, recognizing online risks, and the importance of critical thinking when interacting online[1].
Promote Safe Practices:
  • Encourage students to use strong passwords and understand the importance of not sharing personal information online.
  • Discuss the potential dangers of interacting with strangers and the importance of reporting suspicious activities[1].
Model Appropriate Use:
  • Demonstrate positive social media behavior by maintaining professional boundaries and using social media responsibly.
  • Avoid using social media during class time and ensure any school-related social media use is appropriate and educational[2].
Facilitate Open Discussions:
  • Create a safe space for students to discuss their online experiences and any concerns they might have.
  • Regularly talk about the benefits and risks of social media, helping students navigate challenges they may encounter[1].
Implement School Policies:
  • Ensure students are aware of and adhere to the school’s social media policies.
  • Work with school administration to update policies as needed to address new social media trends and issues[2].
Encourage Mindful Use:
  • Promote balanced social media use, encouraging students to take breaks and engage in offline activities.
  • Teach students about the impact of excessive screen time on their mental and physical health[3].

By taking these steps, educators can help students develop healthy social media habits and navigate the digital world safely.
References

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Author’s notes

I have kept the references below each section that CoPilot has responded to rather than grouping them at the end. I may update this.

Departmentally, or at a local school level, a question to consider is whether a policy statement needs to be prepared on the use of Facebook sites by schools. They are maintained by adults and are for education purposes, so these sites are not in breach of the new law – even in a year’s time.

It might be positively pre-emptive to advise principals of the stance to be taken by the department so they can inform (if asked) parents, teachers and students why the school has a Facebook site.

My personal opinion is that like banning mobile phones in classrooms – without a law, there is nothing that can be enforced. In a class of students or adults who keep their phones on silent and don’t use them during class or folks who don’t bully or spend excessive amounts of time on social media being taken down dark paths created by algorithms triggered by attempts to create the next hook to keep people scrolling, watching or adding… then the law should not harm them.

The long form of a blog (like this article) on a platform not peppered by advertisements might see a renaissance by those under 16, but sadly I don’t hold out much hope. 🙂

Ironically, in my next topic, I talk about taking some of the very obvious techniques used by social media now employed by education software like Duolingo to keep people as “addicted” to learning as they are to social media. I think there are some practices we can take from social media and adapt them to making our teaching practices more engaging and dare I say addictive and fun. More in my next post.

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