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Tech giants face fines of up to $50 million for flouting proposed social media ban on under-16s

Headshot of Dan Jervis-Bardy
Dan Jervis-BardyThe Nightly
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Minister for Communications Michelle Rowland.
Camera IconMinister for Communications Michelle Rowland. Credit: MICK TSIKAS/AAPIMAGE

Social media companies would face fines of up $50 million for failing to stop under-16s accessing their platforms under the Federal Government’s bold plan to protect kids from online harm.

Communications Minister Michelle Rowland will on Thursday introduce world-first legislation to set a minimum age to use platforms such as Facebook, X, TikTok, Instagram and possibly even YouTube.

The laws will put the onus on social media companies — rather than parents — to take “reasonable steps” to prevent underage children setting up accounts.

Tech giants that “systematically” flout the regime could be slapped with fines of up to $50 million.

Exactly how the platforms will verify a person’s age is yet to be determined although Ms Rowland this week told Labor colleagues that users would not have to upload proof of ID directly to the platforms.

The legislation will include strict privacy protections, including a requirement for companies to destroy any information shared with them.

The laws would give the minister the power to exempt certain platforms, with messaging services such as WhatsApp, online gaming and health and educated-focused sites set to be carved out.

The status of Snapchat, which is used as both a social media platform and messaging service, is unclear after Ms Rowland couldn’t rule out excluding it from the ban.

The Coalition wants the laws passed this sitting fortnight, meaning they could sail through without detailed scrutiny despite calls for some form of inquiry.

The minimum age won’t start until 12 months after the laws pass.

Ms Rowland said banning social media for under-16s was about “protecting young people and letting parents know we’ve got their backs”.

“Social media has a social responsibility for the safety and mental health of young Australians,” she said.

“Ultimately, this is about supporting a safer and healthier online environment for young Australians.”

Shadow communications minister David Coleman said the Coalition would have preferred the laws were introduced six months ago.

“We’ll work very constructively with the Government and we want to see this bill passed before Parliament rises for the end of the year,” Mr Coleman told ABC TV.

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