TikTok Ban on Australia: A Groundbreaking Step in Social Media Regulations Under-16s

Australia’s Online Safety Act Gets a Major Upgrade: What You Need to Know

The Online Safety Amendment (Social Media Minimum Age) Bill 2024 will revolutionize Australia’s digital landscape. This groundbreaking legislation amends the Online Safety Act 2021 (Cth). It introduces changes that will reshape how social media platforms operate in Australia.

• Age Restrictions Take Center Stage. Social media platforms need to enforce at least age of 16 for account creation and ownership. These platforms will be officially classified as ‘age-restricted social media platforms’.
• Proactive Prevention Measures Age. Restricted platforms must implement ‘reasonable steps’ using age assurance processes and technology. This is to stop underage users from creating or maintaining accounts.
• Privacy Protections Strengthened. The bill introduces more privacy obligations. It is about the use, disclosure, and destruction of personal information collected during age verification processes.
  eSafety Commissioner’s Powers Expanded. This regulatory body can now make new rules and has better tools to enforce the new laws.
• Tougher Penalties for Non-Compliance. A new penalty regime will be introduced for violations of the new obligations. Together, with significantly increased fines for breaches of industry codes and standards.

Who Will Be Affected by Online Safety Amendment (Social Media Minimum Age) Bill 2024?

The Online Safety Amendment (Social Media Minimum Age) Bill 2024 will apply to ‘age-restricted social media platforms. They defined these as electronic services that meet specific criteria:

• The service’s primary or significant purpose is to enable social interaction between two or more end-users.
• It allows end-users to connect with or interact with other end-users.
• Users can post content on the platform for social purposes.

The government plans to focus on popular social media apps that worry parents. According to the Minister’s Second Reading Speech, this will “at a minimum, include:

• TikTok
• Facebook
• Snapchat
• Reddit
• Instagram
• X (formerly Twitter)

However, the bill also provides flexibility through:

• Additional conditions or specific services may be included in the legislative rules.
• A ‘categorical rule-making’ power to exclude certain services from the definition.

Initially, the government plans to exclude:

• Messenger services
• Online gaming platforms
• Health-focused services
• Educational services

Examples of services likely to be exempt include:

• Facebook Messenger Kids
• WhatsApp
• Google Classroom
• YouTube

Why Does the Australian Government Want to Ban TikTok?

The Australian government is banning TikTok and other social media for kids under 16 to protect them from harm. They want to keep children safe during important growth years.

1. Protecting Vulnerable Youth

The government’s explanatory memorandum highlights several risks children face on social media:

• Exposure to harmful products or content
• Harassment, including from online predators
• Disruptions to sleep patterns and increased stress levels
• Addictive features and persistent notifications affecting attention spans

These concerns are not unfounded. Dr. Ferdi Botha and his colleagues conducted the Household Income and Labor Dynamics in Australia (HILDA) study. Their annual survey has over 17,000 Australians. Dr. Ferdi Botha revealed a staggering 120% increase in psychological distress rates among 15 to 24 years old between 2011 and 2021. Dr. Botha says that the rise in mental distress aligns with the rise in smartphones and iPhones.

2. Shifting Responsibility to Social Media Platforms

The new law requires social media platforms to take responsibility for stopping kids from making accounts where harm could happen. By setting the minimum age at 16, the government aims to:

• Remove ambiguity about the appropriate age for social media engagement
• Establish a new social norm around teen social media use
• Mitigate negative effects on adolescent health and well-being, including life satisfaction
• Creating a New Digital Landscape

Some social media platforms already exclude children under 13 in their terms of service. However, the Australian government believes this isn’t enough. By setting the age limit to 16, they aim to make the internet safer for teenagers while they’re growing up.

Consequences for Non-Compliance: Hefty Fines and Public Scrutiny

Social media giants face staggering fines for non-compliance:

• Individual offenders: Up to 30,000 penalty units (equivalent to AUD 9.9 million)
• Corporate bodies: A whopping 150,000 penalty units (equivalent to AUD 49.5 million)

These aren’t just arbitrary numbers. The government has strategically aligned these penalties with other major regulatory frameworks:

• Australian Consumer Law under the Competition and Consumer Act 2010 (Cth)
• Privacy Act 1988 (Cth) for serious and repeated privacy breaches

This move puts Australia on par with online safety penalties in Ireland, the European Union, and the UK. It signals a global shift towards stricter digital regulations.

Tech Giants Unite in Outcry: TikTok, X, and Meta Voice Alarm Over Australia’s Social Media Ban

In an unprecedented show of unity, social media behemoths TikTok, X (formerly Twitter), and Meta have raised their voices against Australia’s social media ban. This collective outcry underscores the far-reaching implications of the new legislation. It sent shockwaves through the tech industry.

TikTok strongly criticized Australia’s new social media law. The company, owned by China’s ByteDance Ltd., called the law “rushed” and “unworkable.” They said there were many unanswered questions and unsolved problems with the ban. TikTok’s reaction shows how hard it is to put such a big ban into action in today’s digital world. This highlights the challenges of changing how social media works.

Snap Inc., the company behind Snapchat, shared similar concerns about the new law. They pointed out that past attempts in other countries to enforce broad. The mandatory age verification had not worked well. Snap suggested that Australia might face the same difficulties with this approach.

X, which used to be called Twitter, had even stronger words about the new law. The company, now owned by Elon Musk, said it had “serious concerns” about whether the bill was even legal.

Meta, the company that owns Facebook and Instagram, shared its worries about the new law in a calmer way. They said they were concerned about how quickly the law was passed. Meta felt that the government didn’t take enough time to look at important things. These included:

• The evidence about social media use
• What social media companies already do to keep kids safe
• What young people themselves think about using social media

It’s not only tech companies that are worried about the new law. UNICEF, the United Nations group that helps children, also shared its thoughts. They warned that Australia’s ban might cause problems it didn’t mean to. UNICEF thinks the ban could push young people to use more dangerous parts of the internet. Katie Maskiell from UNICEF Australia had a different idea. She said that instead of stopping kids from using social media. She thinks that companies running these platforms do a better job. Maskiell thinks social media companies should create safe, age-appropriate online spaces for children.

TikTok Faces Widespread Bans Across Europe

French President Emmanuel Macron has been vocal, calling TikTok “deceptively innocent”. In 2022, he accused TikTok of censoring content and promoting online addiction among young people

Several European nations swiftly followed with their own restrictions:

• Austria. In May 2023, banned TikTok on federal employees’ work devices based on intelligence service advice.
• Belgium. Implemented a ban in March 2023 on all federal government work devices.
• Denmark. The Ministry of Defence prohibited TikTok on work devices in March 2023.
• Estonia. Announced a ban on state-issued smartphones for officials in March 2023.
• France. Took a broader approach in March 2023. France banned all “recreational applications” including TikTok, Twitter, Instagram, and even Netflix. These platforms are prohibited on government employees’ phones.
• The Netherlands. Initially advised suspension in November 2022. Then, ordered deletion from work phones in March 2023.
• Norway. Prime Minister Jonas Gahr Støre banned TikTok on devices used by ministers and political advisors in March 2023.

Some countries adopted distinctive strategies:

• Czechia. The National Cyber and Information Security Agency issued a warning against TikTok in March 2023.
• Malta. Blocked TikTok on government devices unless users have a specific internet package.
• Romania. In a forward-looking move, it called for TikTok’s suspension in November 2024 due to alleged election interference.