The Australian Senate approved this Thursday a pioneering law that will prohibit the access of minors under 16 years of age to social networks and will contemplate fines of up to about 32.1 million dollars (or about 30.5 million euros) for platforms such as Facebook, Instagram or TikTok that violate it.
The text, which will come into force in twelve months, has received the approval of the Senate with 34 votes in favor and 19 against, with support from the opposition, one day after being approved in the House of Representatives (deputies). by 101-13. The measure will now return to the Lower House for final approval of a series of amendments before becoming law.
The law, which seeks to protect children and adolescents from bullying and potential mental health problems, introduces a new category called “age-restricted social media platforms” to prohibit those under 16, including those who already have accounts, access to social networks.
In this sense, Facebook, Instagram (both from Meta), Reddit, Snapchat, X and TikTok have the responsibility of enforcing the law, otherwise they face fines of up to 49.5 million Australian dollars (about 32.1 million dollars or around 30.5 million euros, at the current exchange rate).
On the other hand, the law, which excludes low-risk platforms such as YouTube, does not impose sanctions for users or parents who violate it, as explained a few weeks ago by the Australian Prime Minister, the Labor Party Anthony Albanese, promoter of the measure.
Necessary steps of the platforms
Labor senator Jenny McAllister explained in the debate that the government only wants digital platforms to take “the necessary steps” so that minors under 16 do not open or have an account on social networks, otherwise they will face fines that are “intentionally large.” These regulations for digital platforms and social networks to establish “reasonable measures” to restrict access by minors will be the responsibility of the Australian Electronic Safety Commission.
David Shoebridge, of the Green Party, stressed that the Australian government’s proposal is “deeply flawed” and “dangerous”, recalling that various mental health sectors, some government agencies and human rights defenders have warned about the risks of its implementation.
Shoebridge stressed that the law will mainly impact vulnerable young people, such as the LGTBIQ+ group in rural areas, who find support on social networks, as well as the privacy of all users, including adults, according to the live broadcast. on the legislative portal.
For Amnesty International, this law “does not address the fundamental problem that social media companies benefit from harmful content, addictive algorithms and surveillance (of users),” according to a statement published today.
Reviews from Meta, Google and X
The bill arrived in the Australian Parliament on November 21, amid requests from digital giants, such as Meta and Google, to give time to complete the technological tests commissioned by the Australian Government for age verification. which may include biometric data, among other matters.
X questioned the “legality” of the bill, saying it may not be compatible with international regulations and human rights treaties Australia has signed.
With this law, Australia joins countries like Spain, which first set the minimum age to open a social media account at 14 and is in the process of raising it to 16, and other places in the world like Puerto Rico and New York that have adopted similar measures.
Since February 2024, the European Commission has opened an investigation into TikTok into how it protects minors, in line with the complaints that seven French families filed against the platform when they claimed that their children suffered harm from its use.
The Commission is examining the algorithms, possible addictive aspects and measures taken by TikTok to mitigate potentially harmful content and could adopt a non-compliance decision that would result in a financial penalty of up to 6% of its global annual turnover.
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