Arts
of the
and
Department
the
by
1982 Communications
Act
Development,
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of
Regional
Freedom
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under
Released Infrastructure,
Arts
of the
and
Department
the
by
1982 Communications
Act
Development,
Information
of
Regional
Freedom
the Transport,
under
Released Infrastructure,
Attachment A to Document 1 (Pages 3-5) removed in its entirety under section 22(1)(a)(ii) of the
FOI Act on the basis that it is irrelevant to the scope of the request.
Arts
of the
and
Department
the
by
1982 Communications
Act
Development,
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of
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the Transport,
under
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Arts
of the
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Department
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Act
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Document 2
PROTECTED CABINET
MS24-001787
Arts
of the
To: The Hon Michelle Rowland MP, Minister for Communications (for decision)
and
Subject: Social Media Age Limits Legislation – Seeking Prime Ministerial Exemption for Impact
Analysis
Department
Critical Date: Please action by
Friday 27 September to allow the department to progress the
drafting instructions for the Social Media Age Limits legislation.
the
Recommendations:
by
1. That you
agree to seek an exemption from the Prime Minister from undertaking an
Impact
Analysis for the forthcoming legislation to enforce a minimum age for access to social
media, for the reasons outlined in this brief.
1982 Communications
Agreed / Not Agreed
2. That you
sign the letter to the Prime Minister at
Attachment A, seeking an exemption
Act
from undertaking the Impact Analysis.
Signed / Not Signed
Development,
Information
of
The Hon Michelle Rowland MP
Date:
Comments:
Regional
Freedom
the
Key Points:
1.
We are seeking your agreement to request an exemption from the Prime Minister from
Transport,
completing an Impact Analysis for the proposed legislation to enforce a minimum age for access
to social media.
under
2.
The Prime Minister can exempt a government entity from the need to complete Impact
Analysis in very limited circumstances, including truly urgent and unforeseen events requiring a
decision before adequate Impact Analysis can be undertaken.
3.
We consider the introduction of this legislation to be truly urgent as an immediate,
nationally consistent approach is required to address the harms arising from children’s use of
social media.
Released Infrastructure,
PROTECTED CABINET
1
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MS24-001787
4.
Without Commonwealth legislation, there is a real risk that several states will implement
social media bans with different age limits, definitions of social media and regulatory approaches.
A scattered approach would fail to deliver the unified solution Australian parents want, have
potential gaps, and present comparatively higher regulatory burden for platforms, complicating
Arts
the implementation of any limits.
of
5.
In drafting this legislation, the department has considered the impacts identified through
the
targeted stakeholder engagement, including with youth, parents and child-development experts,
academics and community organisation, engagement with state and territory governments and
and
ongoing consultation across government through the Cross-Government Working Group on Age
Assurance and officials from the Online Harms Ministers Meeting portfolio departments.
s47C
Department
the
by
7.
While Prime Minister’s exemptions are uncommon, 2 of the last 6 exemptions were granted
for legislation related to protecting Australians on social media and online services. There is
precedent that protecting Australians from online harms requires urgent decision making.
1982 Communications
8.
The Prime Minister’s decision to grant an exemption will be noted on the OIA website,
including your letter requesting an exemption, and it must be noted in the Explanatory
Memorandum for the Social Media Age Limit legislation. A Post-Implementation Review must
Act
be completed within 2 years of implementation of the decision.
Background
9.
The OIA administers the Policy Impact Analysis Framework for the Australian
Government. The OIA does not have any power over decisions and its role is advisory.
Development,
10.
Impact Analysis is required for all policy proposals of Government that would be expected
to drive a change in behaviour such as changes to rights, powers, obligations or responsibilities
Information
where those changes would have major impacts on our community.
of
s34(3)
Regional
Financial impacts: N/A
Legal/Legislative impacts:
12.
No additional impact. The Explatonary Memorandum will include a section on impact
Freedom
analysis, or the exemption from it.
Stakeholder Implications:
the
13.
There are no direct stakeholder impacts from this decision, however it will be publicly
Transport,
noted that the Prime Minister provided an Impact Analysis exemption for this legislation.
Platforms may point to this in contesting the legislation.
Consultation: The Office of Impact Analysis
under
Media Opportunities: N/A
Attachments:
Attachment A: Letter to the Prime Minister seeking Impact Analysis Exemption
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Document 2 Attachment A
The Hon Michelle Rowland MP
Arts
Minister for Communications
of
Federal Member for Greenway
the
MS24-001787
and
The Hon. Anthony Albanese MP
Prime Minister
Parliament House
Department
CANBERRA ACT 2600
the
x.xxxxxxxx.xx@xxx.xxx.xx
by
Dear Prime Minister
1982 Communications
Consistent with your announcement of 10 September 2024, and in response to widespread
community concern around harmful online environments and the growing evidence base
Act
regarding its detrimental impact on childhood development, the Australian Government is
taking decisive action to enact a minimum age for access to social media by introducing
legislation before the end of this year.
Australian parents, carers, and children are facing unprecedented challenges in dealing with
a global social issue, and the physical safety and mental health of young people is paramount.
Development,
Information
I seek your approval for an exemption from completing an Impact Analysis for the proposed
legislative measures to ensure that the legislation can be introduced this year. This exemption
of
is consistent with the Office of Impact Analysis’ (OIA) Guidance on OIA Procedures.
A number of state governments have announced plans to introduce similar measures in the
Regional
absence of federal legislation. However, a Commonwealth-led approach will ensure
Australian children are better protected from online harms, and that parents, carers and children
are supported in a nationally consistent manner across jurisdictions.
Freedom
It will also provide certainty to industry and ensure that enforcement powers can be vested to
the
the eSafety Commissioner, the independent regulator for online safety under the
Online Safety
Act 2021.
Transport,
In drafting this legislation, I have considered the impacts identified through targeted
under
stakeholder engagement, including with youth, parents and child-development experts,
academics and community organisation, engagement with state and territory governments and
ongoing consultation across government through the Cross-Government Working Group on
Age Assurance and the Online Harms Ministers Meeting.
Released Infrastructure,
The Hon Michelle Rowland MP
PO Box 6022, Parliament House Canberra
Suite 101C, 130 Main Street, Blacktown NSW 2148 | (02) 9671 4780
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Document 2 Attachment A
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A Post-Implementation Review of the decision will be completed within 2 years of
implementing the measures consistent with the OIA requirements for an exemption. Any
unforeseen impacts of the legislation will be assessed at this review point.
Arts
Thank you for your consideration of this request.
of the
Yours sincerely
and
Department
Michelle Rowland MP
the
/ /2024
by
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Act
Development,
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of
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Document 3
Meeting/Event Brief
MB24-000682
Arts
of
the
To: Michelle Rowland
MEETING: Online Harms Ministers Meeting
and
Timing: 3-4pm,
Tuesday 1 October 2024
Venue: Parliament House, Canberra
Department
Meeting with: You are chairing the Online Harms Ministers Meeting (OHMM). A list of
attendees is included with the OHMM Agenda (
Attachment A).
the
Prior meetings: The first OHMM was held on 19 October 2023 and the second meeting on
by
4 March 2024. The OHMM meets bi-annually, but can meet more regularly as needed.
Our Proposed Objectives:
Communications
On 19 September, your office advised that discussion at the OHMM scheduled for 1 October 2024
1982
should focus solely on age limits for access to social media. This followed the Prime Minister’s
announcement on 10 September that the Government would introduce legislation to enforce a
Act
minimum age limit for social media. The OHMM will be an opportunity to discuss the
implications of this policy on other portfolios and consider strategies to support its
implementation.
Their Objective:
The meeting provides an opportunity for Ministers to share their views on age limits.
Development,
Key Points:
Information
1. On your office’s request, this OHMM will focus solely on social media age limits.
of
The purpose of the OHMM is to coordinate online harms policy and share information
across portfolios. The discussion at the OHMM will be insightful for work underway on
social media age limits and will help to inform the subsequent Cabinet submission.
Regional
2. Mr Jim Betts, Secretary of the Department of Infrastructure, Transport, Regional
Development, Communications and the Arts will facilitate the meeting.
Freedom
3. The Annotated Agenda (
Attachment B) includes talking points and background to assist
you to Chair the meeting and lead discussion on social media age limits. The Secretary
will facilitate this discussion. Ministers have been provided with a paper (
Attachment E)
the
ahead of the meeting, to support the discussion.
Transport,
4. s22(1)(a)(ii)
under
5. The department has advised the Working Group members of the change in agenda and
asked agencies to brief their ministers on any evidence supporting a particular minimum
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Act
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Document 3 Attachment A
PROTECTED: CABINET
Science; the Hon Jason Clare MP, Minister for Education; the Hon Dr Anne Aly MP, Minister for Early
Childhood Education, Minister for Youth.
Agenda
Arts
Agenda item
Presenter
Duration
of the
1.
Welcome
Chair, The Hon
5 minutes
Michelle Rowland MP,
Minister for
and
Communications
2.
Discussion: Social media age limits for children
Chair, The Hon
50 minutes
Minister Rowland will provide an update on the
Michelle Rowland MP,
Department
Government’s recent announcement to introduce
Minister for
legislation to enforce a minimum age for access to social
Communications
the
media. Ministers will be invited to discuss, including
sharing evidence-based suggestions of an appropriate
Supported by all
by
age and suggesting complementary measures to support
Ministers
youth, parents and carers, and vulnerable cohorts
Communications
6.
Other business and concluding remarks
Chair, The Hon
5 minutes
1982
Michelle Rowland MP,
Minister for
Communications
Act
Close
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Meeting Agenda
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Document 3 Attachment B
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Briefing
Arts
of the
Online Harms Ministers Meeting
and
Department
Annotated Agenda
the
The Hon Michelle Rowland MP
by
Minister for Communications
1982 Communications
Act
1 October 2024
3 – 4pm
Development,
Parliament House
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of
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under
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Department of Infrastructure, Transport, Regional Development, Communications and the Arts
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Document 3 Attachment B
OFFICIAL
Arts
Approach to the Online Harms Ministers Meeting (OHMM)
of
The first Online Harms Ministers Meeting (OHMM) was held on 19 October 2023 and the second meeting on
the
4 March 2024. The second meeting was facilitated by the then Deputy Secretary, Richard Windeyer. You
requested the department facilitate the OHMM, so the meeting can be a free-flowing discussion among
and
Ministers.
The OHMM is an opportunity to identify areas for cooperation across relevant portfolios, ensuring alignment
of resources and educational, awareness-raising, research and prevention activities.
Department
The OHMM was established following the House of Representatives Select Committee on Social Media and
Online Safety Inquiry. In the Government’s response to the Committee’s report, tabled in March 2023, the
the
Government committed to hold a bi-annual meeting of Ministers with responsibility for addressing online
harms.
by
The OHMM is intended to assist in the development of a streamlined and cohesive approach to online harms
policy in Australia. It complements the work of other forums such as the Digital Platform Regulators Forum,
the Data and Digital Ministers Meeting and the Women and Women's Safety Ministerial Council.
1982 Communications
Act
Attachments
• Agenda and attendee list
• Draft outcomes from March 2024 OHMM
• OHMM Terms of Reference update
• Age limits paper
Development,
Information
of
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Document 3 Attachment B
OFFICIAL
Arts
Facilitator’s Talking Points
of the
• Thank you Minister. It’s a pleasure to be here today to facilitate the third Online Harms Ministers
Meeting.
and
• As you’re aware, today we are focusing on one item – age limits for children on social media.
• There’s a lot to discuss on this topic but before we move to the discussion item, is there anything that
members would like to raise?
Department
s22(1)(a)(ii)
the
by
1982 Communications
Act
Development,
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of
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Document 3 Attachment B
OFFICIAL
Arts
Item 2: Discussion: Social media age limits for children (50 minutes)
of the
You will lead this item, and provide an update on the Government’s recent announcement to introduce
legislation to enforce a minimum age for access to social media. Ministers will then be invited to discuss the
issue, including:
and
o Sharing evidence-based suggestions of an appropriate age, and
o Suggesting complementary measures to support youth, parents and carers, and people in
vulnerable situations
Department
• Ministers have been provided a paper ahead of the meeting, to enable the discussion.
Handling note:
the
• Mr Betts will open this item.
by
• You will then provide an update on work to progress the legislation and a minimum age for access to
social media.
• Mr Betts will then open the discussion to other Ministers.
1982 Communications
Talking points
Act
[Secretary Betts will open the item and then hand over to you]
Overview and request for information from OHMM members
• Thank you, Secretary.
• I hope all of you have had a chance to consider the paper which provides an outline of what I would like
to discuss today.
Development,
• I provided an oral update to Cabinet on 23 September and have also engaged with Ministers Aly and
Information
McBride through a youth forum on the age assurance trial.
of
• Our Government’s leadership in taking on the platforms and social media companies is clearly driving real
behavioral change – whether BigTech would like to admit it or not.
Regional
o Meta’s announcement of Teen Accounts is a clear demonstration that social media companies are
seeing the writing on the wall.
• The key question to land is that of the appropriate age. My department has consulted with youth,
Freedom
parents, academics and child-development experts, and community organisations, however there is no
consensus on a single age.
the
• I am also very conscious of the pressure already placed on parents who have to balance their children’s
Transport,
freedoms in society with protecting them from harm. Therefore, parental consent is not currently part of
my recommended model. The onus will be on the platforms to do the right thing by our young people.
under
• This legislation is an important step towards protecting young Australians, however, legislation alone will
not be sufficient. I have heard directly from youth and parents that any ban won’t be effective without
appropriate public education and supports for parents, carers and educators.
• It’s also important to acknowledge that many support services for vulnerable or marginalised youth, such
as youth mental health, professionally produced children’s content, or First Nations’ specific services,
currently reach their audience through social media.
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OFFICIAL
Arts
• Therefore, I will also be proposing a range of complementary measures to the legislation.
I invite you to
propose programs in your respective portfolios that could be rolled out to support youth, parents and
of
carers transition to and manage this change.
the
• Programs could include awareness campaigns, digital literacy education, and consideration of ways to
maintain the reach of important support services.
and
• My department has already reached out to the Departments of Health, Social Services, Education, the
National Mental Health Commission and the National Indigenous Australians Agency seeking research,
evidence and ideas for complementary measures.
Department
Legislative design
the
• The Secretary will now take us through the key aspects of the legislation which were listed in the paper
provided to you.
by
Facilitator’s Talking Points
Communications
Introduction
1982
• As we all know, the Government has announced that legislation will be introduced this year to enforce
a minimum age for access to social media and other relevant digital platforms.
Act
• The Prime Minister noted that Federal legislation will be informed by engagement with States and
Territories through National Cabinet and draw upon the Hon Robert French AC’s
Report of the
Independent Legal Examination into Banning Children’s Access to Social Media, commissioned by the
South Australian Government.
Development,
o The Report encouraged a Commonwealth-led approach.
Information
• The NSW and South Australian governments are holding a Social Media Summit on 10 and 11 October,
and will consider issues including:
of
o impacts of social media on children and young people's wellbeing
o online safety
Regional
o social media's role in disinformation and misinformation
o addressing online hate and extremism, and
Freedom
o how social media is changing the way government delivers services.
the
• Federal legislation is a logical step to ensure that all young Australians are better protected from online
Transport,
harms, and that parents and carers are supported in a nationally-consistent manner to keep their
children safe.
under
• You may have also heard the announcement by Meta, the owner of Facebook and Instagram, about the
immediate introduction of Instagram Teen Accounts in the US, Canada, UK and Australia. Teen
Accounts will have built-in protections that limit who can contact teens and the content they see.
• My department is leading or facilitating two key initiatives in this space.
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Document 3 Attachment B
OFFICIAL
Arts
o The $6.5 million Age Assurance Trial, which is making good progress with the Request for Tender
of
to procure an independent provider to assess age assurance technologies currently open.
the
o The report of the independent review of the
Online Safety Act 2021, which is due to be delivered
to the Government by 31 October 2024.
and
• Before I call on the Minister to take us through an overview of the social media age limits legislation,
I would like to extend my appreciation to officials from your departments and agencies who are
generously contributing their time and ideas into the discussion about age limits and through the age
assurance trial.
Department
• Minister – over to you.
the
[Minister Rowland speaks, notes above]
by
• Thank you Minister.
Legislative design
1982 Communications
• Thank you Minister.
• I will go through the legislative design features and the reasoning behind each, and invite your views.
Act
Legislative element
South Australia model
Existing or proposed
Questions/comments
(Hon Robert French AC’s
policy/legislation/
draft Bill)
governance
Development,
Age
14, 14-15 with parental
•
SA: Ban under 14s;
• What in your view
consent
Information
parental consent for
should be the
under 15 and 16-year
minimum age of
of
olds.
access and why?
•
NSW: 16
• What might be the
•
Queensland Chief
unintended
Regional
Health Officer: 14
consequences of
•
Prime Minister’s
restricting access to
preference: 16
social media at ages
Freedom
above 13?
Definition of social
Definition of
social media Defined under the Online
• To enable
the
media
services includes
relevant Safety Act. This excludes
introduction of the
Transport,
electronic services
messaging and online
legislation this year,
(making messaging, SMS
games.
the department is of
and online games in
the view that the
under
scope)
definition of social
media under the
OSA should suffice,
but there may need
to be some
exemptions.
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7
FOI 25-176 - Page 22 of 184
Document 3 Attachment B
OFFICIAL
Arts
Legislative element
South Australia model
Existing or proposed
Questions/comments
of
(Hon Robert French AC’s
policy/legislation/
the
draft Bill)
governance
Role for
Parental consent for 14
• Onus on platforms.
• What are the
parents/parental
and 15-year olds
•
and
Parental model not
arguments for and
consent
recommended to avoid
against allowing
putting more pressure
parents or carers to
on parents.
consent to allowing
Department
their children to
access social media.
Responsibility/
Platforms to have two
•
the
The regulator or courts
obligation
duties – prevent
will determine if a
For information only.
by
individual access, and on
platform has
the systems level take
demonstrated if they
reasonable steps to
have taken reasonable
Communications
prevent access
steps.
1982
Access/Account
Duty applies to
access to
• Access includes both
creation
service
creation of new
For information only.
Act
accounts and existing
access for children
under the minimum
age.
Exempt services
Class or service
The regulator will develop
The aim of exemptions is
designated by Minister –
guidance on what would
to incentivise ‘safe’
Development,
report says must be of
determine if services are
innovation by platforms.
benefit and low/no risk
exempt.
Information
Further, some support
of
services are only
accessible through social
media, for example Kids
Regional
Helpline.
Regulation/penalties To be appointed/created • Online Safety Act and
/legislation
Freedom
eSafety Commissioner
For information only.
at the Commonwealth
level
the
• Social media age limits
Transport,
will be a new Part in
the OSA.
Complementary
We have heard widely
• What types of
under
measures
N/A
through targeted
supports would you
stakeholder consultations
consider appropriate
that vulnerable youth,
and relevant to your
CALD, LGBTQIA+ youth, and
portfolios?
those living in regional and • Some examples are
remote areas, as well as
public awareness,
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FOI 25-176 - Page 23 of 184
Document 3 Attachment B
OFFICIAL
Arts
Legislative element
South Australia model
Existing or proposed
Questions/comments
of
(Hon Robert French AC’s
policy/legislation/
the
draft Bill)
governance
parents and carers, will
education, healthy
need support.
alternatives, mental
and
health support.
Department
Chair background
the
Topic
Engagement with Commonwealth departments and agencies
Following the 1 May announcement of the Age Assurance Trial, the department has
by
established a Cross Government Working Group to support the work of the age
assurance trial, which includes agencies with policy expertise on age assurance and
related technologies, and with responsibility for privacy, safety and security.
1982 Communications
The Working Group has provided input into the development of the criteria against
which age assurance technologies will be assessed in the trial.
Act
Membership of the Cross-Government Working Group
1. Attorney-General’s Department
2. Australian Institute of Criminology
3. Department of Education
4. Department of Finance
Development,
5. Department of Health
6. Department of Home Affairs
Information
7. Department of Industry, Science and Resources
of
8. Department of Infrastructure, Transport, Regional Development,
Communications and the Arts
9. Department of Prime Minister and Cabinet
Regional
10. Department of Social Services
11. eSafety Commissioner
12. National Indigenous Australians Agency
13. National Mental Health Commission
Freedom
14. Office of the Australian Information Commissioner
15. The Treasury
the
The group has met
four times since its establishment in May 2024, with the next meeting
Transport,
scheduled for tomorrow 2 October.
under
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9
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OFFICIAL
Arts
Item 5: Other business and concluding remarks (5 minutes)
of the
Secretary Betts will open and then hand back to you to lead this item.
We suggest you provide an opportunity for OHMM members to raise any further recent policy and
and
regulatory developments, or new evidence of harms, and raise outstanding issues or ask follow-up
questions.
Note: We have not confirmed updates for this item. However, we understand the following issues may be
Department
raised:
•
AI deepfakes and the impact they have on schools: The Department of Education have advised their
the
representative will likely raise this as a topic for further discussion at the OHM.
by
You will then make your final remarks and close the meeting.
Talking points
Communications
[Secretary Betts will open the item and then hand over to you]
1982
• Thank you for attending the Online Harms Ministers Meeting today.
Act
• For this final item I’d like to open the floor for members to raise any other business.
• Would anyone like to provide an update?
• Would anyone like to raise a topic to discuss at a future OHMM?
• Thank you for supporting this discussion. I look forward to our next meeting.
Development,
• I now draw this meeting to a close.
Information
of
Facilitator’s Talking Points
• For this final item, I will hand back to the OHMM Chair, Minister Rowland, to make some final remarks
Regional
and run through other business.
• Over to you Minister Rowland.
Freedom
the
Minister Rowland’s background
Transport,
Topic
Talking Points
If asked: will there • As the substance of our discussion today has focused on issues that will be
under
be a media
considered by Cabinet, there will not be a media release following this OHMM.
release following
this meeting?
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FOI 25-176 - Page 25 of 184
Attachments C and D to Document 3 (Pages 26-32) removed in their entirety under section
22(1)(a)(ii) of the FOI Act on the basis that they are irrelevant to the scope of the request.
Arts
of the
and
Department
the
by
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Act
Development,
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of
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the Transport,
under
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Document 3 Attachment E
PROTECTED: CABINET
Online Harms Ministers Meeting – Social Media Age Limits – Discussion Paper
• On 10 September, the Prime Minister announced that legislation will be introduced this
year to enforce a minimum age for access to social media and other relevant digital
Arts
platforms.
of
• The Minister for Communications is working towards introducing this legislation in
the
November 2024.
• This legislation will provide both immediate protection for young Australians, as well as
and
further incentive for ‘safe’ innovation by industry – not just for children, but for all users.
• The age for limiting social media access is yet to be determined. OHMM members are
invited to put forward views and evidence regarding suitable ages.
Department
• The legislation, which will be a new Part in the
Online Safety Act, will consider the
following design parameters:
the
o
Mandatory obligation on social media services to take reasonable steps to
prevent children under the minimum age from accessing their service.
by
o
Exemptions for social media services if the service is on a list of ‘safe services’ as
determined by the regulator. Guidance will be developed before implementation
Communications
on what constitutes a ‘safe’ service.
1982
o An
oversight function through the regulator to undertake activities such as
compliance monitoring, information gathering, audits and granting powers to
Act
enforce penalties for breach of obligation.
o The age limit will apply to both the creation of accounts and access to social
media, i.e. those who already have an account but are under the minimum age.
o 12 month
deferred commencement after Royal Assent to provide industry with
sufficient time to develop and implement systems, and for the regulator to
Development,
develop guidance.
Information
o A
review of the measures within two years of commencement, or aligned with
the next review of the Online Safety Act.
of
• Any limit to access won’t be effective without appropriate public education and
supports for parents, carers and educators.
Regional
• Components of these supports sit outside the remit and expertise of the
Communications Portfolio in terms of education, health and social supports where these
can make an impact in mitigating any unintended consequences of this legislative action.
Freedom
• Further, for many support services for vulnerable or marginalised youth – such as youth
mental health, professionally produced children’s content, or First Nations’ specific
the
services – social media is vital to reaching their community or audience.
Transport,
• OHMM members will be invited to discuss complementary measures to the legislation,
including awareness campaigns, digital literacy education, and ways to maintain the
under
reach of important support services to those who need it most. These could be
programs delivered through Government or private organisations.
• OHMM members are invited to discuss other supports that the Government should
consider or that exist to surface in the awareness raising efforts around this issue, to
address some of the unintended consequences of mandating a minimum age of access
to social media.
Released Infrastructure,
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1 of
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FOI 25-176 - Page 33 of 184
Document 3 Attachment F
OFFICAL: SENSITIVE
ATTACHMENT F
Summary: Potential portfolio discussion points
Arts
Minister
Interest
Possible questions
of the
The Hon Tim Watts MP, Assistant Minister for Foreign Affairs
• Foreign state equities in social media platforms and impacts on
Has your department engaged with counterparts in relation to the
relations.
minimum age announcement? Notably the US or China?
and
Senator Malarndirri McCarthy, Minister for Indigenous Australians
• Isolate First Nations youth
Are there any existing measures that can be leveraged to mitigate
• Possible impacts for Target 17 of the National Agreement on Closing
potential consequences for First Nations youth?
the Gap -
by 2026 Aboriginal and Torres Strait Islander people have
Department
equal levels of digital inclusion.
Are there any unforeseen consequences on Target 17 of the National
Agreement on Closing the Gap?
the
Are there any particular considerations for remote communities?
by
The Hon Amanda Rishworth MP, Minister for Social Services
• Extreme misogyny and gender-based violence
In their recent report Unlocking the Prevention Potential, the Rapid
• Recommendation 5 from the
Unlocking the Prevention Potential:
Review of Prevention Approaches to help stop gender-based violence
Communications
accelerating action to end domestic, family and sexual violence report
1982
highlighted a number of priority areas including,
released in August 2024
is to:
Continually inspect, understand and adapt to the emerging and
1. engaging with men and boys in violence prevention, and;
Act
changing role of technology. This should include understanding
2. early intervention initiatives.
and responding to the opportunities that technology may present, In relation to online harms, what impact would a minimum age for social
as well as the unintended consequences technology may cause or
media have on these priorities?
exacerbate.
Are there supporting measures, either existing or in development, for
Development,
these priorities?
Information
[If yes]
How could these be leveraged to mitigate reduced access to
of
information or services for young women and men, e.g. any school or
community-based initiatives?
Regional
The Hon Mark Dreyfus KC, MP, Attorney-General
• Best interests of the child
Regarding exemptions, if children under the age limit are subsequently
• Privacy reforms – targeting/profiling of children, including for
exposed to harmful content on a service that has been designated as
Freedom
advertising. AGD may note that the Privacy Act review did not
‘safe’ by the regulator and provided with an exemption, what
recommend a ban on targeting, particularly where this may be in the
the
repercussions could there be? Does the regulator accept some liability
best interests of the child
Transport,
•
when designating a safe service?
Enforceability of the ban/extraterritoriality – what are the actions the
Government can take against these big overseas companies
Given the Privacy Act review did not recommend a ban on targeting,
under
• Liability – potentially shifts from platforms to Government if a
particularly where this may be in the best interests of the child, would it
platform is declared ‘safe’
be appropriate for privacy measures to be a consideration for any
exemptions?
The Hon Stephen Jones MP, Assistant Treasurer, Minister for Financial
• Risk of services leaving the market
How could age requirements impact competition? Are there
Services;
representing the Treasury portfolio.
• Anti-competitive regulation – applies to biggest services but smaller
considerations for allowing exemptions?
Released Infrastructure,
harmful services do not have to stop kids?
OFFICAL: SENSITIVE
FOI 25-176 - Page 34 of 184
Arts
of the
and
Department
the
by
1982 Communications
Act
Development,
Information
of
Regional
Freedom
the Transport,
under
Released Infrastructure,
Documents 4 and 5 (Pages 36-41) removed in their entirety on the basis that they are exempt under
section 34(1)(c) of the FOI Act.
Arts
of the
and
Department
the
by
1982 Communications
Act
Development,
Information
of
Regional
Freedom
the Transport,
under
Released Infrastructure,
Document 6
OFFICIAL
Meeting/Event Brief
MB24-000669
Arts
of
the
To: The Hon Michelle Rowland MP, Minister for Communications
MEETING: New South Wales (NSW) and South Australia (SA) Social Media Summit – 10 & 11
and
October 2024
Timing: You are attending and speaking at the Adelaide Summit on Friday, 11 October 2024
Department
Venue: Adelaide Convention Centre
You are addressing the Summit on the Australian Government’s position on a minimum age for
the
social media, age assurance and the online environment.
by
Our Proposed Objectives: Give an address on the Government legislating a minimum age for
social media.
Communications
Their Objective: NSW and SA are co-hosting a 2-day Social Media Summit. It brings together
1982
experts, policymakers, academics and young people to explore key areas including the impacts of
social media on children and young people, online safety, social media’s role in disinformation
Act
and misinformation, addressing online hate and extremism and how social media is changing the
way government delivers services.
Key Points:
SA and NSW minimum age announcements
1.
South Australia: On 7 September, the Premier of South Australia announced a proposed
Development,
ban on children under 14 years of age from accessing social media, and with parental
consent at 14 and 15 years old, ahead of releasing a report by former High Court Chief
Information
Justice Robert French examining legal avenues to restrict the use of social media by
of
children.
2.
New South Wales: The NSW Government is open to restricting social media use but is
awaiting the summit’s findings before committing to reform. However, the Premier of
Regional
New South Wales has stated his support for a minimum age of 16.
NSW Have Your Say results
Freedom
3. NSW Government ran a public Have Your Say survey on social media use and impacts in
August/September 2024. Key findings include:
the
a. There was strong community engagement – 21,000 people completed the survey.
b. Most people (87 per cent) believe that there should be an age limit – the most
Transport,
common suggestion was 16.
c. Consensus on an age is split – 26 per cent 12-15 years, 40 per cent 16 years, and
under
30 per cent 18 years or even older.
d. Cyber security, inappropriate content and distractions are the top concerns of teens,
and adults for themselves and their children.
e. 91 per cent of parents want more information on how to keep their kids safe online.
Released Infrastructure,
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Document 6
OFFICIAL
Age Assurance Trial
4. The request for tender for the technology assessment closed on 8 October. The department
is currently assessing tenders and will seek to sign the contract and commence the trial
Arts
shortly.
of
5. Consumer research into Australian’s attitudes towards the use of age assurance
the
technologies for access to online services is underway. Preliminary findings are due in
mid-late November.
6. Targeted stakeholder consultation with young Australians, parent groups, academics, the
and
digital industry (including platforms), and community and civil society groups is complete.
We are organising further engagement with First Nations representatives, focusing on
youth.
Department
Engagement with States and Territories
the
7. The Prime Minister has written to all State and Territory Premier and Chief Ministers
updating them on plans for national legislation to enforce a minimum age limit to social
by
media and requesting input by Friday 18 October 2024 on the following matters:
a. Evidence from each jurisdiction on preferred age limit from a youth development
perspective;
1982 Communications
b. Threshold appetite among constituents on parental consent and permissions;
c. Views on grandfathering arrangements for existing account holders;
d. View on exemption for certain beneficial services (such as mental health,
Act
education and child safety);
e. Assessment of impacts of phone bans in each jurisdiction.
f. Advice on wrap-around measures to support young Australians.
Sensitive and Critical Information:
8. Attendees will be interested in discussing the minimum age and the definition for social
Development,
media. These are two issues that will be settled following the Summit, after considering all
Information
available evidence and in consultation with states and territories.
of
Name: Sarah Vandenbroek
Contact Officer: Andrew Irwin
Position: First Assistant Secretary
Division: Online Safety Branch
Regional
Division: Digital Platforms, Safety and Classification
Ph: s22(1)(a)(ii)
Ph: s22(1)(a)(ii)
Mob: s22(1)(a)(ii)
Freedom
Date Cleared: 9 October 2024
the
Attachments:
Transport,
Attachment A: Biographical Details
Attachment B: Talking Points
under
Attachment C: Programs for NSW and South Australia Summits
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Document 6 Attachment A
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ATTACHMENT A
BIOGRAPHICAL DETAILS
Arts
of
MC and facilitator
the
Name: Ms Annabel Crabb
and
Position: MC and facilitator
Department
the
by
Biography:
Annabel is a journalist at the ABC, author and presenter who has covered Australian politics for
Communications
25 years. Annabel is a creator, presenter and contributor to political, historical and documentary
1982
television series. She is a prolific writer and commentator, known for her insightful and humorous
analysis on gender and current affairs. She hosts a top rating podcast and has won a Walkley
Act
Award. Annabel is a journalist, commentator, celebrated baker and mother of three.
Keynote speaker
Name: Mr Mike Burgess AM
Position: Director-General
Development,
Organisation: Australian Security Intelligence
Information
Organisation (ASIO)
of
Regional
Biography:
Freedom
Mike is Australia’s fourteenth Director-General of Security and has led the Australian Security
Intelligence Organisation (ASIO) since September 2019. He has spent more than three decades as
the
an intelligence, security and technology professional, in both the public and private sectors. His
Transport,
experience includes senior roles in security and intelligence and Australia’s largest
telecommunications provider, Telstra. He is an expert in intelligence, security, counter-terrorism
and counter-espionage. In 2024, he was appointed a Member of the Order of Australia for
under
significant service to public administration, particularly national security and intelligence.
Released Infrastructure,
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3
FOI 25-176 - Page 44 of 184
Document 6 Attachment A
OFFICIAL
Video presentations
Name: Dr Jonathan Haidt
Arts
Position: Author, The Anxious Generation: How the
of
Great Rewiring of Childhood is Causing an Epidemic of
the
Mental Illness
Organisation: Social psychologist at New York
and
University’s Stern School of Business
Department
Biography:
the
Jonathan is a social psychologist at New York University’s Stern School of Business. His research
examines the intuitive foundations of morality, and how morality varies across cultural and
by
political divisions. He is the author of international bestselling books including
The Anxious
Generation: How the Great Rewiring of Childhood is Causing an Epidemic of Mental Illness.
Communications
Since 2018, he has been studying the contributions of social media to the decline of teen mental
1982
health and the rise of political dysfunction.
Act
Name: The Honourable Mr Robert French AC
Position: Former Chief Justice of the High Court of
Australia
Development,
Information
of
Regional
Biography:
Robert French AC, former Chief Justice of the High Court of Australia, led the legal examination
into banning children’s access to social media. He is the Chancellor of the University of Western
Freedom
Australia.
the Transport,
under
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4
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Document 6 Attachment A
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Panellists
Name: Professor Elizabeth Handsley
Arts
Position: President
of the
Organisation: Children and Media Australia
and
Biography:
Department
Elizabeth has been the President of Children and Media Australia for 14 years, actively
the
advocating for children’s rights as media users. She has more than 30 years’ experience as a legal
academic, specialising in constitutional law and children's media law. She is now the host
by
of
Outside the Screen, a podcast about screens in the lives of children and families, and a jazz
presenter at Radio Adelaide.
Communications
1982
Name: Ms Kirsty Amos
Act
Position: Principal
Organisation: Parafield Gardens High School (PGHS)
Development,
Information
Biography:
of
Kirsty is the current Principal of Parafield Gardens High School (PGHS). She is a committed
educational leader with close to 30 years of experience. Her career has shaped a deep
Regional
understanding of diverse contexts including urban and rural, affluent and disadvantaged—and
how they impact education. Passionate about fostering inclusivity, Kirsty implemented a mobile
phone ban at PGHS in 2021 to address the negative effects on learning and social cohesion. She is
Freedom
dedicated to creating a supportive environment that empowers all students to succeed.
the
Transport,
Name: Ms Sonya Ryan OAM
Position: Founder and CEO
under
Organisation: The Carly Ryan Foundation
Released Infrastructure,
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5
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Document 6 Attachment A
OFFICIAL
Biography:
Sonya is the founder and CEO of The Carly Ryan Foundation. Carly Ryan was 15 years old when
Arts
she was murdered by an online predator. Determined to help prevent harm to other innocent
of
children and to help them navigate their online journey safely, Carly’s mum Sonya, shared her
the
lived experience and established The Carly Ryan Foundation in 2010. She has led efforts to make
Australia one of the toughest nations for online crime and is a champion for online safety and
crime prevention.
and
Name: Ms Jessica Mendoza-Roth
Department
Position: Co-Founder of Wait Mate and
CEO of Social Impact Hub
the
by
Communications
Biography:
1982
Jessica is the Co-Founder of Wait Mate and CEO of Social Impact Hub, movements for social
Act
good. Wait Mate is a movement that empowers Australian parents to delay giving their child a
smartphone until at least high school. It connects parents in their child’s school year group once
10 families have signed up to take the pledge to wait, and is inspired by similar movements in the
United States. Social Impact Hub is an intermediary that provides advisory services and education
programs to mobilise people, organisations and capital for good.
Development,
Name: Dr Simon Wilksch
Information
Position: Clinic Director
of
Organisation: Advanced Psychology Services and
Senior Research Fellow in Psychology at Flinders
University
Regional
Freedom
Biography:
the
Transport,
Simon is the Clinic Director of Advanced Psychology Services and Senior Research Fellow in
Psychology at Flinders University. He is dedicated to reducing the burden of eating disorders and
under
other mental health problems and has developed leading prevention and early intervention
programs with a strong evidence base. Advanced Psychology Services provides an eating disorder
treatment service for 450 children, adolescents and adults each year, with 11 therapists.
Released Infrastructure,
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6
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Document 6 Attachment A
OFFICIAL
Name: Dr Danielle Einstein
Position: Adjunct Fellow
Arts
Organisation: School of Psychological Sciences,
Macquarie University
of the
and
Biography:
Danielle is an Adjunct Fellow at the School of Psychological Sciences, Macquarie University and
Department
is a registered clinical psychologist who specialises in the treatment of anxiety. She is
internationally known for her research on uncertainty and adolescent social media use. Danielle
started her career as Head of the Anxiety Clinic at Westmead Hospital. She wrote a theory on
the
uncertainty and was the first clinical psychologist to call for school phone bans. She strives to
by
provide parents and educators with the power to turn anxiety around.
Communications
Name: Ms Lauren Brooks
1982
Position: Principal
Organisation: Saint Ignatius’ College
Act
Development,
Biography:
Information
Lauren is the current Principal of Saint Ignatius’ College. She brings a wealth of experience from
of
across the education sector, having held executive leadership roles in junior, middle and senior
schools in South Australia and the Northern Territory. Since her arrival at Saint Ignatius’ College
Regional
in October 2023, Lauren has been passionate about working alongside its students to shape the
future, together. She holds a Bachelor of Education from the University of Sydney, a Master of
Educational Leadership from the Australian Catholic University and is a member and graduate of
the Australian Institute of Company Directors.
Freedom
Name: s47F
the
Positions: South Australian student representatives
Transport,
Organisation: Teen Parliament
Biography:
under
Drawn from The Advertiser’s annual Teen Parliament, four students share the challenges of
growing up in a digital world and how they navigate the dark side of social media. The Teen
Parliament features year 10, 11 and 12 students from across South Australia who are selected
based on their pitch for a big idea to make a brighter future for SA, which they spruik to their
peers.
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Document 6 Attachment B
OFFICIAL
ATTACHMENT B
TALKING POINTS
Arts
of
Social media
the
• Social media services provide young Australians with a range of benefits
– as a means of social connection and an avenue for community and
and
identity building, and by providing access to support services, news and
information.
Department
• At the same time, most people agree that social media is exposing young
Australians to a number of harms, including exposure to inappropriate
the
content, cyber bulling and online predators, and risking adverse
by
outcomes such as poor mental health and addictive behaviours.
o Many of these harms also stem from the addictive features of
Communications
algorithms.
1982
• The Prime Minister announced on 10 September that the Government
Act
will introduce legislation this year to enforce a minimum age for
accessing social media.
• Currently, there is no consensus on the age at which children can safely
participate in social media.
•
Development,
It is therefore essential that the legislated minimum age, alongside
complementary measures, achieves a balance between minimising the
Information
harms experienced by young people, while supporting their access to the
of
benefits of these services.
Regional
Legislative features
• A Commonwealth-led approach will ensure Australian children are better
Freedom
protected from online harms, and that parents, carers and children are
supported in a nationally consistent manner.
the
• I welcome the close collaboration with States and Territories to inform this
Transport,
work, including the recent work by former Chief Justice, Robert French on
behalf of South Australia.
under
• The exact age is yet to be settled, but I have been clear that any age limit for
social media must be effective in the protection, not isolation, of young
people.
• What I do know, is that the proposed legislation will include the following
Released Infrastructure,
key features:
OFFICIAL
8
FOI 25-176 - Page 49 of 184
Document 6 Attachment B
OFFICIAL
o A mandatory obligation for social media services to take reasonable
steps to prevent children under the minimum age from accessing
Arts
their service.
of
o The legislation will place the compliance onus on platforms, not
the
users.
o The legislation will establish eSafety as responsible for regulatory
and
oversight and enforcement.
o An exemption framework designed to create positive incentives for
social media services to develop age appropriate versions of their
Department
apps.
the
o A 12-month implementation timeframe to provide industry and the
regulator with time to implement systems and processes.
by
o A review of the measures within two years of commencement.
Communications
Comprehensive approach to improving online safety:
1982
• While this legislation is an important step towards protecting young
Act
Australians and creating new social norms, this legislation is only one part of
our wider efforts to keep Australians safe online.
• I have heard from youth and parents that giving effect to a minimum age
will be most effective if complemented with appropriate public education
Development,
and supports for young people, parents, carers and educators.
Information
• I have also brought forward the independent review of the Online Safety
of
Act, to investigate broad issues such as a potential duty of care on
platforms, penalties, and the role of evolving technologies such as
Regional
generative AI and recommender systems.
Freedom
Q&A
How are you deciding on the age?
the
• We are consulting widely with young people, parents, community
Transport,
organisations and experts, but there is no consensus about the ‘right age’.
We are working closely with states and territories to understand their views
under
on these issues before deciding.
How are you working with states and territory governments?
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FOI 25-176 - Page 50 of 184
Document 6 Attachment B
OFFICIAL
• Prime Minister Anthony Albanese wrote to the Premiers and Chief Ministers
last week to seek their views on what the age limit should be, including
Arts
evidence to inform this from a youth development perspective.
of
• We are also seeking feedback from states and territories on a range of
the
issues including:
o The community appetite on the role for parental consent to feature
and
as a factor for age limits and permissions;
o Grandfathering arrangements for existing account holders;
o Views on the need for a safety net or exemption for support services
Department
such as mental health and education;
the
o What state-based supports they have in place that are not on social
media to help children – particularly those who are vulnerable or
by
isolated who use social media to connect or access support services.
Communications
1982
Will there be grandfathering arrangements for existing account holders?
Act
• We are waiting for feedback from states and territories to understand their
views on these issues before deciding.
• We are thinking through the full range of benefits and unintended
consequences that grandfathering may present.
Development,
• For example, the 12-month implementation timeframe presents a window
Information
for people under the minimum age to set up accounts before the minimum
of
age is enforced. On the other hand, grandfathering acknowledges that
changing the expectations for young people who already use social media is
Regional
difficult.
Freedom
Justice French’s model proposed parental consent for 14 and 15-year-olds.
the
Will the commonwealth legislation include this feature?
Transport,
• We are considering the pros and cons of a parental consent model and have
engaged directly with parents to understand their willingness to provide
under
consent.
• One of the things I heard in consultation with parents is that they are
overwhelmed by the load of dealing with their kids’ access to social media,
balancing inclusion and harms. And I’m personally conscious of the
additional privacy implications this may raise.
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Arts
How does the minimum age for social media intersect with the age assurance
of
technology trial?
the
•
and
The Request for Tender for the technology trial closed on 8 October.
• Any regulation using age as a requirement online, including for example
requirements for age assurance to access pornographic material under the
Department
eSafety Commissioner’s Phase 2 codes process, would require effective age
assurance. The same is true of any given age to access social media, with
the
additional considerations given it will be dealing with children’s information.
by
What if kids get around age assurance technology, for example using a VPN?
1982 Communications
• We realise that no solution will be perfect and there will undoubtedly be
young people who find workarounds to access social media. A legislated
Act
minimum age creates a new social norm and provides a consistent starting
point from which parents and educators can speak to young people about
the risks associated with social media use.
Development,
How are you regulating international companies based in other jurisdictions?
Information
• We already regulate the social media industry through the Online Safety Act
of
and work constructively with companies and industry bodies. Although we
have had issues with some platforms, the majority are compliant and work
Regional
with the regulator constructively.
• We will also work with our international partners, including the United
Freedom
Kingdom through the historic Online Safety and Security Memorandum of
Understanding, which I signed earlier this year.
the
Transport,
How are you defining social media for the purposes of the trial? Are games
included?
under
• We have a starting point, in the definition of a social media service under
the Online Safety Act 2021. We are considering further refining this
definition to ensure it is fit for purpose.
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•
[If you wish to go into detail] We are conscious of the balance between
connection and harms, and the presence of other regulation. As such, my
Arts
current view is that messaging apps will not be captured by this definition.
of the
Neither will online gaming, which is also subject to the Classification
Scheme which provides clear guidance for parents on the suitability of
and
content.
Department
the
by
1982 Communications
Act
Development,
Information
of
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Freedom
the Transport,
under
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Document 6 Attachment C
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ATTACHMENT C
Arts
of
Program: Day 1
the
Thursday, 10 October 2024, ICC Sydney
Social Media Summit, Sydney
and
Morning
Welcome
Opening address
The Honourable Chris Minns MP Premier of New South Wales
The Honourable Peter Malinauskas MP Premier of South Australia
Department
Keynote address - Social media and mental health
the
Dr Jean Twenge Professor of Psychology at San Diego State University and author
by
Panel discussion 1
Panel discussion 2
Panel discussion 3
Panel discussion 4
Growing up in a
The digital generation
Navigating truth decay Digital dangers -
digital world: Social
- Understanding how
- Fake news, AI and
Bullying, misogyny
Communications
media’s impact on
young people use
misinformation
and extremism
1982
youth development
social media and
mental health and
digital tech
efficacy
Act
Moderator:
Moderator: s47F
Moderator: s47F
Moderator: s47F
s47F
Panellists
Panellists
Panellists
Panellists
• s47F
• s47F
• s47F
• s47F
• s47F
Development,
• s47F
• s47F
• s47F
•
Information
s47F
• s47F
• s47F
• s47F
of
• Plenary session
• s47F
Regional
Afternoon
Keynote address and Q&A The time to act is now - standing up to big tech and
demanding safer social media for Australia's children
Freedom
s47F
Data scientist and social media accountability advocate.
Youth workshop – Part 1
the
A youth delegate workshop lead by The Honourable Rose Jackson MLC, Minister for
Transport,
Youth, and facilitated by s47F
, Advocate for Children and Young People
(ACYP).
under
Panel discussion 1
Panel discussion 2
Panel discussion 3
Panel discussion 4
Digital parenting:
Identity and
Digital rights of the
Teaching the digital
Challenges and
belonging: Finding
child: Data, privacy
child: the impact of
strategies
community online
and consumer
social media on
protection
education and learning
Moderator: s47F
Moderator: s47F
Moderator: s47F
Moderator: s47F
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Panellists
Panellists
Panellists
Panellists
• s47F
• s47F
• s47F
• s47F
• s47F
• s47F
• s47F
Arts
• s47F
• s47F
• s47F
of
• s47F
• s47F
the
Levelling Up – Safeguarding our Digital Future
and
• Ms Julie Inman Grant
• Ms Alice Dawkins
• Ms Lydia Khalil
Department
Youth workshop – Part 2
A youth delegate workshop lead by The Honourable Rose Jackson MLC, Minister for Youth,
the
and facilitated by s47F
, Advocate for Children and Young People (ACYP).
by
Rapporteur summary Summit Rapporteur s47F
and Youth Rapporteur s47F will
deliver a summary of insights and reflections from day one of the Summit.
Communications
1982
Act
Development,
Information
of
Regional
Freedom
the Transport,
under
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Document 6 Attachment C
OFFICIAL
Program: Day 2
Friday, 11 October 2024, Adelaide Convention Centre
Social Media Summit, Adelaide
Arts
of
Draft program
the
09:15am – 9.50am
Guest registration
and
Morning
Welcome and acknowledgements
Greeting to Spirit of Place
: Jakirah Telfer
Department
Video address: Dr Jonathan Haidt (TBC)
The Honourable Peter Malinauskas MP
the
Premier of South Australia
by
The Honourable Chris Minns MP
Premier of New South Wales
Communications
Panel discussion: The Advertiser Teen Parliament
1982
s47F
Act
Video address: The Honourable Robert French AC
Expert Solution Panel Session One: Regulatory and Legislative
Development,
Protection
Information
· Kirsty Amos, Incoming Chief Executive, SA Secondary
of
Principals’ Association (SA) and Principal, Paralowie Gardens
High School
Regional
· Professor Elizabeth Handsley - School of Law, Western Sydney
University and President of Children and Media Australia
· Sonya Ryan OAM, Founder, Carly Ryan Foundation
Freedom
· Jessica Mendoza-Roth, Co-Founder, Wait Mate
Audience Q&A
the
12:15pm – 12:55pm
Lunch
Transport,
Afternoon
The Honourable Michelle Rowland MP
Federal Minister for Communications
under
Keynote address: Mike Burgess AM
Director-General of Security, Australian Security and Intelligence
Organisation
Expert Solution Panel Session Two: Public Health, Prevention and
Education
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· Lauren Brooks, Principal, St Ignatius College
· Dr Danielle Einstein, Clinical Psychologist, Macquarie
University
Arts
· Dr Simon Wilksch, Psychologist and researcher, Flinders
of
University
the
Audience Q&A
Closing remarks
and
3:00pm
Summit concludes
Department
the
by
1982 Communications
Act
Development,
Information
of
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Freedom
the Transport,
under
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2024 - 2025 Supplementary Budget Estimates
Environment and Communications
Lead/Support contact: Andrew Irwin / Sarah Vandenbroek
Arts
of
SB24-000236
the
SUBJECT: Social Media Age Limits and Age Assurance
and
Talking Points
• On 10 September, the Australian Government announced that legislation will be
introduced this year to enforce a minimum age for accessing social media.
Department
• On 11 October, Minister Rowland announced the key design principles of the
proposed legislation at the Social Media Summit in Adelaide.
the
• The government has been clear that any age limit must be effective in the protection
– not isolation – of young people.
by
• Any regulation targeting age will require age assurance to enforce. The Australian
Government committed $6.5 million in the 2024-25 Budget for an age assurance trial.
1982 Communications
• The objective of the trial is to determine the effectiveness of available age assurance
technologies as an option to:
Act
o prevent access to online pornography by people under the age of 18; and
o age-limit access to social media platforms for an age range of between 13 and 16
years old.
• The Department of Infrastructure, Transport, Regional Development, Communications
and the Arts is delivering the trial.
Development,
• There are 3 key elements to the trial:
Information
o The technology trial: an independent assessment of age assurance technologies.
o Research: including consumer research into Australian’s attitudes towards the use
of
of age assurance technologies for access to online services.
▪ A report from the consumer research is expected in the coming weeks.
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o Consultation: targeted stakeholder consultation with young Australians, parent
groups, academics, the digital industry (including platforms), community and civil
society groups, and First Nations representatives.
▪
Freedom
Targeted stakeholder consultations are complete.
• A Cross-Government Working Group of 14 Commonwealth departments and agencies,
the
including eSafety, was established to provide a whole-of-government lens to issues
Transport,
including privacy, security and human rights. The group has met monthly since May
2024, and provided input to the technology trial’s assessment criteria and other policy
questions.
under
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2024 - 2025 Supplementary Budget Estimates
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Arts
of
SB24-000236
the
Key Issues
Legislation
and
• On 10 September 2024 the Prime Minister announced that the government would
legislate a minimum age for access to social media.
• The announcement was made following the South Australian Government’s release of
Department
the Hon Robert French AC’s
Report of the Independent Legal Examination into Banning
Children’s Access to Social Media. The Report noted the potential benefits of a
the
Commonwealth-led approach.
•
by
Federal legislation is a logical step to ensure that all young Australians are better
protected from online harms, and that parents and carers are supported in a nationally-
consistent manner to keep their children safe.
1982 Communications
• The key design principles of the legislation, announced on 11 October are:
o the Online Safety Act will be amended to establish social media age limits.
Act
o the onus would be on platforms, not parents or young people.
o penalties for users will not feature in our legislative design. It will be incumbent on
the platforms to demonstrate they are taking reasonable steps to ensure
fundamental protections are in place at the source.
o eSafety to provide oversight and enforcement. Using the established
Commonwealth framework will enable the government to draw on the expertise of
Development,
the Office of the eSafety Commissioner in the implementation and monitoring.
Information
o consideration of an exemption framework to accommodate access for social media
services that demonstrate a low risk of harm to children. The aim is to create
of
positive incentives for digital platforms to develop age-appropriate versions of their
apps.
Regional
o recognising the harmful features in the design of platforms that drive addictive
behaviours, the government will set parameters to guide platforms in designing
social media that allows connections, but not harms, to flourish.
Freedom
o a 12-month implementation timeframe to provide industry and the regulator time
to implement systems and processes.
o a review of these measures to ensure they are effective and delivering the
the
outcomes Australian’s want.
Transport,
• The appropriate age is being informed by feedback from stakeholder consultation,
advice from relevant departments and available evidence from experts and research.
under
Notably, the Prime Minister’s announcement stated that the federal legislation will be
informed by engagement with States and Territories.
• As reported in the media on 3 October, the Prime Minister wrote to First Ministers,
asking for their input on a number of matters including the preferred minimum age,
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2024 - 2025 Supplementary Budget Estimates
Environment and Communications
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Arts
of
SB24-000236
the
appetite for parental consent, grandfathering arrangements and exemption of certain
services. Queensland and the ACT were unable to respond in time as they were in
and
Caretaker mode. The department has taken the responses of NSW, South Australia,
Victoria, Western Australia and the Northern Territory into consideration in providing
advice to the government. As at 24 October, the department is awaiting a response
from Tasmania.
Department
Technology Trial
the
Is the technology trial still relevant?
by
• The trial of technologies will continue and assist the government and the eSafety
Commissioner to develop a regulatory framework which balances the protection of
children with the technological limitations (or capabilities) of achieving accurate age
1982 Communications
estimation.
• The technology trial is an important element of the age assurance trial as the outcomes
Act
from the trial will, in the case of pornographic material, help the eSafety Commissioner
understand the efficacy of technologies being used by platforms and bolstering the
effectiveness of the phase 2 codes.
• We expect the trial outcomes would have a similar use in any regulatory enforcement
under social media age limits legislation.
Development,
How are you making industry participate in the trial?
Information
• The department does not have the power to compel online platforms or technology
of
providers to participate in the trial.
• The digital industry does, however, have strong incentive to participate, as doing so will
Regional
provide important input to the trial’s findings, which may in turn lead to regulatory
obligations.
• On 20 August 2024, the department wrote to major social media companies, online
Freedom
pornography providers, and hardware (device) providers, to:
o Invite participation in a roundtable to share views on how age assurance methods
the
can best be adopted and at what level/s of the tech stack these would be most
Transport,
effective; and
▪ This roundtable occurred on 27 August 2024.
o Encourage cooperation with the provider of the technical assessment of age
under
assurance technologies, to support testing in a real-world environment.
• Procuring an independent organisation to undertake the technical assessment of age
assurance technologies will ensure that the results of this part of the trial are not
influenced by any platform or technology’s commercial interests.
Released Infrastructure,
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Arts
of
SB24-000236
the
Technology Trial – Progress to date
• A request for tender for the trial of age assurance technologies was released on
and
10 September and closed on 7 October.
• 2 information sessions for prospective tenderers were held on 18 and 24 September,
with a total of 29 attendees representing 16 organisations.
Department
• Age assurance is an international market. We engaged with providers not only from
Australia, but also from the United Kingdom, France, New Zealand and Singapore.
the
• A total of 7 tenders were received.
by
Technology Trial – Procurement Approach
• To achieve value for money and due to the technical complexity of an independent trial,
1982 Communications
the department approached the market through an
open tender process.
• The Request for Tender was available publicly for 25 days (calendar days) to invite
Act
submissions from all interested parties, whether in Australia or internationally.
Technology Trial – Evaluation Criteria
• The technical assessment criteria for the technology trial was developed in consultation
and with agreement from a Cross-Government Working Group.
Development,
• At minimum, technologies will be evaluated for their:
o Accuracy (how well the technology can detect a user’s age)
Information
o Interoperability (how well the technology can be used across platforms)
of
o Reliability (how consistently the technology produces the same result)
o Ease of use (how simple the technology is to operate)
o Freedom from bias (how well the technology avoids racial or other bias)
Regional
o Protection of privacy (how well the technology protects personal information)
o Data security (if user data is stored and, if so, if it is secure and or de-identified)
o Human rights protections (accessibility for users, including people with disability).
Freedom
Technology Trial – Use of standards
the
• Additionally, the RFT required that the evaluation process must conform to the
IEEE
Transport,
Standard for Online Age Verification, which establishes a common framework for the
design, specification, evaluation and deployment of age assurance systems.
o (IEEE: Institute of Electrical and Electronics Engineers, an international technical
under
professional organisation)
• The IEEE Standard is based on the 5Rights principles, which means the trial will also be
evaluating each technology based on whether it will uphold the rights set out in the
Released Infrastructure,
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Arts
of
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the
United Nations Convention on the Rights of the Child. This includes the rights to privacy,
harm protection, and not unduly restricting access to services, including during the trial.
and
• Because IEEE 2089.1 was only published in May 2024, the Australian trial will be the first
in the world that evaluates technologies against a recognised international standard.
Department
Age assurance technologies that will be evaluated
• The trial will consider a range of assurance technologies, such as device level
the
technologies and biometric analysis (facial age estimation, gestures, keystrokes, etc). We
will work closely with the successful tenderer through the duration of the trial.
by
• The department held a roundtables with age assurance technology providers and will
put the successful tenderer in contact with a range of providers.
Communications
1982
Participation by platforms
• The department held an industry roundtable on 27 August where we reiterated the
Act
email message from our Deputy Secretary that the department will put platforms in
contact with the successful tenderer and expect their participation in the trial.
• The following 13 companies attended the roundtable:
o Aylo (Pornhub)
o DIGI
Development,
o Google
o Interactive Games and Entertainment Association
Information
o International Social Games Association
of
o Microsoft
o Apple
o Meta (Instagram, Messenger and Facebook)
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o Samsung
o Snap
o TikTok
Freedom
o Twitch
o X
the
• Communications Alliance, Discord, Roblox, OnlyFans, Tech Council of Australia and
Transport,
Yahoo were invited but were unable to attend.
under
Privacy concerns
• A key concern about the social media aspect of the age assurance trial is whether it
would require young people or their parents/carers to handover their IDs.
• The Privacy Act Review Report noted stakeholder concerns that the privacy-intrusive
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Arts
of
SB24-000236
the
nature of age verification would outweigh its benefits and that a broader concept of ‘age
assurance’ should be considered.
and
o In its response to the Report, published on 28 September 2023, the government
agreed in-principle to introducing child-specific protections in the Privacy Act. The
government also agreed to introduce a Children’s Online Privacy Code, which
would apply to online services likely to be accessed by children, and is expected to
Department
provide further clarity to entities on how to establish the age of users.
o The Response noted that, “To meet requirements in relation to children, it is
the
o expected that entities will need to take reasonable steps to establish an individual’s
age with a level of certainty that is appropriate to the risks, for example by
by
implementing age assurance”.
o The Privacy and Other Legislation Amendment Bill was introduced on 12 September
Communications
2024, and will require the Information Commissioner to develop and register a
1982
Children’s Online Privacy Code within 24 months of the Act receiving Royal Assent.
o The Code will provide entities with further specificity and guidance on how to
Act
comply with the Australian Privacy Principles when handling children’s personal
information.
o The Bill implements a first tranche of agreed proposals from the government’s
response to the Privacy Act Review, ahead of further work towards a second package
of reforms.
o The second package of reforms will progress the development of further privacy
Development,
protections for children – including prohibitions on harmful targeting and trading in
Information
children’s personal information, and ensuring entities have regard to the best
interests of the child when handling their personal information.
of
o The code-making framework allows codes to be varied to ensure they remain
effective and relevant. It is expected that the Code will be varied to reflect new or
Regional
changed substantive requirements in the Act.
Stakeholder engagement
Freedom
External Stakeholders
• The department undertook targeted consultation to ensure that stakeholders’ views are
the
considered as part of the trial process:
Transport,
o 14 August 2024: in-person meeting with the Office for Youth’s Youth Steering
Committee
o 16 August 2024: virtual roundtable with parent/carer groups
under
o 22 August 2024: virtual meeting with eSafety’s Youth Advisory Council
o 23 August: virtual roundtable with academics and child-development experts
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Arts
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the
o 27 August: virtual roundtable with industry groups – including online service
providers (including social media platforms, search engines, App Store providers and
and
pornography websites) and hardware (device) providers
o 12 September: virtual roundtable with community organisations
o 16 September: virtual roundtable with civil society organisations
o 15 October: a virtual roundtable with Office for Youth’s First Nations Youth Network
Department
Cross-Government working group
the
• The department has established a Cross-Government Working Group to support the
work of the age assurance trial, which includes agencies with policy expertise on age
by
assurance and related technologies, and with responsibility for privacy, safety and
security.
Communications
•
1982
The Working Group has provided input into the development of the criteria against
which age assurance technologies will be assessed in the trial.
Act
• The Working Group includes representatives from 14 Commonwealth agencies, in
addition to the department
o Attorney-General’s Department
o Australian Institute of Criminology
o Department of Education (including the Office for Youth)
o Department of Finance
Development,
o Department of Health
Information
o Department of Home Affairs
o Department of Industry, Science and Resources
of
o Department of Prime Minister and Cabinet (including the Office for Women)
o Department of Social Services
Regional
o eSafety Commissioner
o National Indigenous Australians Agency
o National Mental Health Commission
Freedom
o Office of the Australian Information Commissioner
o The Treasury
the
• The Working Group has met 5 times since May 2024, and will continue to meet
Transport,
throughout the trial period.
NSW/SA Social Media Summit
under
• The department worked closely with NSW and SA in the lead up to the Summit to
understand how our respective workstreams can interact.
• The department notes the outcomes of the Joint Social Media Summit and is continuing
to engage with officials from both states to progress the legislation.
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Arts
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the
Background
What is age verification?
and
• Age verification is defined in the Roadmap as ‘measures [which] determine a person’s
age to a high level of accuracy, whereas age estimation technologies provide an
approximate age to allow or deny access to age-restricted online content or services. An
Department
example of age verification is the use of physical or digital government identity
documents to establish a person’s age.’
o
the
This gives rise to considerations of security and privacy.
by
What is age assurance?
• Age assurance is defined in the Roadmap as 'an umbrella term which includes both age
verification and age estimation solutions. The word ‘assurance’ refers to the varying
1982 Communications
levels of certainty different solutions offer in establishing an age or age range.’
• Age assurance has a lower threshold than age verification and instead includes a range
Act
of technologies that estimate – or assure the service provider that a user is an adult.
• Age assurance is not an exact science. Technology might look at language used, key
strokes, sites accessed, and in some cases check that against the age claimed by a user
to limit a young person’s access to harmful material. Examples include:
o Roblox requires that users of its Chat with Voice feature verify they are at least 13
Development,
years of age through an ID scan accompanied by a selfie match to ensure “liveness”
(ie. that the user is taking a selfie in real-time, and not attempting to trick the
Information
camera with a static photograph) and likeness.
of
o In June 2022, Meta announced it was testing new options for users to verify their
age on Instagram, to give them age-appropriate experiences. In addition to providing
ID, new options for users included asking others to vouch for their age and taking a
Regional
video selfie to be shared with a third party, Yoti, for facial age estimation. In March
2023, this trial was rolled out in Australia.
o In September 2024, Meta announced the launch of Instagram Teen Accounts in the
Freedom
US, Canada, UK and Australia. Meta has said it will also bring Teen Accounts to other
Meta platforms in 2025.
the
• Notably, this lower threshold could involve less collection of sensitive data, alleviating
Transport,
some privacy and security concerns.
under
Attachments
• A: Q&As
• B: Summary of Meta’s announcement of Instagram Teen Accounts
• C: Prime Minister’s Media Release and Op-Eds
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Arts
of
SB24-000236
the
Attachment A
and
Questions and Answers
How are you defining social media for the purposes of the trial? Are games included?
• For the purposes of the trail, we used a starting point. Under the
Online Safety Act 2021,
Department
to be considered a social media service, you need to satisfy all the criteria as set out
paragraph 13(1)(a), or be specified in legislated rules (no such rules currently exist).
the
• The criteria for a social media service in paragraph 13(1)(a) are:
by
o the sole or primary purpose of the service is to enable online social interaction
between 2 or more end-users
o
this is where online games would fail the test – as the sole or primary purpose of
Communications
online games would be gaming.
1982
o the service allows end-users to link to, or interact with, some or all of the other end-
users
Act
o
an online game may have this capability
o the service allows end-users to post material on the service, and
o
an online game may have this capability
o
other conditions specified in legislative rules.
• An online game is more likely to be considered a ‘relevant electronic service’ (RES) under
Development,
section 13A. The definition specifically includes ‘a service that enables end-users to play
online games with other end-users’ (paragraph 13A(1)(f)).
Information
• Some social media apps/websites provide in-app messaging.
of
• The legislation by necessity will include a definition of the relevant social media
platforms. The development of the legislation is ongoing.
Regional
What are the types of harms, other than pornography, from access to social media by
Freedom
children?
• Broadly these harms can be thought of as coming from the content, or from the
the
operation or use of certain services.
Transport,
• On the content front, the OSA includes a list of harm such as cyber bullying and image-
based abuse.
• Other harms being reported are sextortion of children, body-image and eating disorders.
under
Some of these harms come more from the interaction of the user with the platform, or
with other users – for example, liking a fitness post can lead down a rabbit hole to eating
disorders, or commenting on someone’s post can be the first linkage that leads to
sextortion.
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Arts
of
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the
• In terms of the operation of the services, other potential harms caused by social media
raised by academics, parents and young people include, anxiety and depression, screen
and
addiction and sleep disruption. Commentary on these points to things like the operation
of the content recommender algorithms and the frequency and timing of notifications.
Department
How does the trial interact with Phase 2 Codes process?
• The trial will be conducted in parallel to the eSafety Commissioner’s Phase 2 Codes work
the
under the Online Content Scheme.
• We expect these to be mutually reinforcing processes, and there is no conflict between
by
their timings.
• While the trial will not specifically inform the creation of the Codes – which are
1982 Communications
developed by industry and not eSafety, and which cover areas spanning beyond age
assurance – the results of the trial will help bolster the Codes’ effectiveness, for
example, by informing what reasonable and appropriate steps are in the Australian
Act
context.
• We are encouraging industry’s participation in both these processes, given they are
complementary.
• This complementary relationship is built into the governance of the age assurance trial.
Development,
o eSafety has visibility of the trial as a member of the Cross-Government Working
Information
Group, and can consider how any useful outputs during that process may inform
and support its work.
of
▪ This will include sharing findings from the trial’s consumer research and
technology assessments of age assurance products.
Regional
▪ eSafety’s participation in this Cross-Government Working Group also
ensures the trial builds on eSafety’s previous research and analysis into
age assurance.
Freedom
the Transport,
under
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Arts
of
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the
Attachment B
Meta announcement – Instagram Teen Accounts
and
On 17 September 2024, Meta announced that it was introducing Instagram Teen Accounts -
a new experience for teens, guided by parents, in the US, Canada, UK and Australia.
Department
Teen Accounts have built-in protections that limit who can contact them and the content
they see, and also provide new ways for teens to explore their interests. Meta will
the
automatically place teens into Teen Accounts, and teens under 16 will need a parent’s
permission to change any of these settings to be less strict. Teen Accounts will utilise Meta’s
by
current age verification tools and it is building technology to find accounts that belong to
teens and automatically place them in protected, age-appropriate settings.
Communications
Teen Account Settings will comprise:
1982
•
Private Accounts: teens will be placed in private accounts. Teens need to accept new
Act
followers, and people who don’t follow them can’t see their content or interact with
them.
•
Messaging Restrictions: teens will be placed in the strictest messaging defaults,
meaning that they can only be messaged by people they follow or are already
connected to.
•
Sensitive Content Restrictions: teens will automatically be placed in more restrictive
Development,
content settings, which limits the content they see from accounts they don’t follow
Information
(e.g. in Reels or Explore).
•
Limiting Interactions: teens will automatically be placed in settings that mean they
of
can only be tagged or mentioned in content by people they follow. Meta will also
turn on its Hidden Words feature for teens, meaning offensive words or phrases will
Regional
automatically be filtered from their comments and DMs.
•
Break Reminders: teens will now be encouraged to close the app after 60 minutes.
“Daily Limit” - which replaces our Take A Break feature - prompts teens to leave
Freedom
Instagram after they’ve spent 60 minutes on the app. Teens over 16 can extend the
time between prompts if they’d prefer to, but younger teens will need their parent’s
the
permission to do so.
Transport,
New settings included in Teen Accounts:
under
•
Sleep Mode: teens will now be placed in “Sleep Mode” between 10pm and 7am.
Sleep Mode - which replaces our existing Quiet Mode and Night Nudges features -
stops teens from receiving notifications at night, so they can focus on sleep.
•
Ways for parents to see who their teen has been messaging: parents will be able to
see who their teen has recently been messaging so they can have conversations with
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Arts
of
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the
their teens about how to be safe in direct messaging. Parents will not be able to see
the messages themselves.
and
•
Teens can choose Topics they’re Interested In: Teens can choose to see more
content about topics they indicate they’re interested in for example, sports, arts,
animals or hobbies. The topics they select will show up in places where Instagram
recommends content such as Explore and in-Feed Recommendations.
Department
•
Parents can see topics their teen is looking at: Now, parents can view the age-
appropriate topics their teen has chosen to see content from, based on their
the
interests.
by
Ensuring teens are truthful about their ages
Since 2022, Meta has required teens to prove their age through a video selfie or ID check if
1982 Communications
they attempt to change their birthday from under the age of 18 to over 18. In addition, if a
teen attempts to update their birthday from a younger age to an older age, Meta requires
Act
them to prove their age with an ID check. Meta has said it is also building technology to find
teens who have lied about their age to automatically place them in protected settings.
Development,
Information
of
Regional
Freedom
the Transport,
under
Released Infrastructure,
Contact: Andrew Irwin
Cleared by: Sarah Vandenbroek, First Assistant Secretary
Phone: s22(1)(a)(ii)
Version Number: 01
Date: 08/10/2024
OFFICIAL
FOI 25-176 - Page 69 of 184
Attachment C to Document 7 (Pages 70-77) removed in its entirety on the basis it is available
publicly at the following links:
https://www.pm.gov.au/media/albanese-government-set-introduce-minimum-age-social-media-access
Arts
https://www.pm.gov.au/media/social-media-platforms-have-social-responsibility-courier-mail
of
https://www.pm.gov.au/media/we-want-children-have-their-childhood-herald-sun
the
and
Department
the
by
1982 Communications
Act
Development,
Information
of
Regional
Freedom
the Transport,
under
Released Infrastructure,
Document 8
PROTECTED CABINET
MS24-002038
Arts
of the
To: The Hon Michelle Rowland MP, Minister for Communications (for decision)
and
Subject: Release of Exposure Draft – Social Media Minimum Age Bill
Critical Date: Please action by COB 29 October 2024, to allow for the Exposure Draft of the Bill
Department
and draft Rules to be shared prior to your meeting on 31 October 2024.
the
Recommendations:
1. That you
agree to share an Exposure Draft of the Online Safety Amendment (Social Media
by
Minimum Age) Bill 2024 (
Attachment A)
and draft Online Safety (Age-Restricted Social
Media Platforms) Rules 2024
(
Attachment B)
with the Hon Robert French AC, on the
basis he will maintain confidentiality and not further distribute materials shared.
1982 Communications
Agreed / Not Agreed
Act
The Hon Michelle Rowland MP
Date:
Development,
Comments:
Information
of
Regional
Key Points:
Freedom
1.
This brief seeks your agreement to release an Exposure Draft of the Online Safety
Amendment (Social Media Minimum Age) Bill 2024 (the draft Bill) and the draft Online Safety
(Age-Restricted Social Media Platforms) Rules 2024
(the draft Rules). As the minimum age for
the
social media access has not yet been determined, it will instead by denoted by a ‘[TBC]’ in the
Transport,
draft Bill.
a. The draft Bill remains with the Office of Parliamentary Counsel’s (OPC) editorial
under
team for final editorial review. If an updated version of the Bill is provided following
your approval, the department proposes to release that version instead.
2.
On Thursday 31 October, you are meeting with the Hon Robert French AC to discuss the
effectiveness and enforceability of the draft Bill (
MB24-000758 refers). Sharing the draft Bill and
Rules ahead of this meeting will support the best use of Mr French’s legal and subject-matter
expertise.
Released Infrastructure,
a. On Friday 1 November 2024, your office and the Department are consulting with key
industry stakeholders on the proposed legislation.
PROTECTED CABINET
1
FOI 25-176 - Page 78 of 184
Arts
of the
and
Department
the
by
1982 Communications
Act
Development,
Information
of
Regional
Freedom
the Transport,
under
Released Infrastructure,
Attachments A and B to Document 8 (Pages 80-107) removed in their entirety on the basis that they
are exempt from release under section 42 of the FOI Act.
Arts
of the
and
Department
the
by
1982 Communications
Act
Development,
Information
of
Regional
Freedom
the Transport,
under
Released Infrastructure,
Arts
of the
and
Department
the
by
1982 Communications
Act
Development,
Information
of
Regional
Freedom
the Transport,
under
Released Infrastructure,
PROTECTED
Document 9
• The department has worked closely with the office of the eSafety Commissioner
throughout the legislative drafting process.
Objectives:
Arts
of
Stakeholder
Our proposed objective
Their proposed objective
the
The Hon Robert
To seek Mr French’s view on the Mr French will likely be
French AC
draft Bill, in particular in relation interested in discussing the
and
to its effectiveness and
differences between his approach
enforceability.
and the draft Bill.
eSafety
To seek Ms Inman Grant’s view s47C
Commissioner
on the draft Bill, in particular in
Department
relation to its effectiveness and
enforceability.
the
by
1982 Communications
Act
Mental health
To seek feedback on the key
Many mental health
organisations
design principles of the draft Bill organisations have expressed
and any redline issues that may
concern that the legislation may
not have been considered. The
hinder the ability for young
exemptions framework will be a
people to access supports. They
particular focus.
may have views on appropriate
Development,
exemptions.
Information
of
Key Points:
1. Since the announcement of the legislation, there has been a lot of interest, opinions and media
coverage on the issue – in particular around a minimum age, isolation of vulnerable youths
Regional
and the obligation across the technology stack.
2. The key design principles you announced at the Social Media Summit on 11 October were
agreed by Cabinet on 7 October.
Freedom
3. Any changes to these settings would require agreement by Cabinet or the Prime Minister.
Stakeholder Implications
the Transport,
Mr French
4. The department does not anticipate any implications for Mr French. During a meeting with the
department, Mr French did not have a strong position on an appropriate minimum age or
under
parental consent and recognised the challenges of the legislation and the constricted
implementation timeframes. Given the possibility of detailed conversation, the department has
provided talking points for this meeting separated into ‘key’ and ‘additional’ topics.
5. Mr French noted that elements of the model in his report, notably the ages and parental
consent model, were set by the terms of reference provided to him by the South Australian
government.
Released Infrastructure,
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2
FOI 25-176 - Page 109 of 184
Arts
of the
and
Department
the
by
1982 Communications
Act
Development,
Information
of
Regional
Freedom
the Transport,
under
Released Infrastructure,
PROTECTED
Document 9
Attachments:
Attachment A: Biographical Details (A1) and Talking Points (A2) – Hon Robert French AC
Arts
Attachment B: Talking Points – eSafety Commissioner
of
Attachment C: Biographical Details (C1) and Talking Points (C2) – Mental health organisations
the
Attachment D: Draft Bill
Attachment E: Draft Rules
and
Attachment F: Legislative design principles
Attachment G: Summary of state and territory responses to PM letter
Attachment H: Open letter from academics, experts and civil society organisations
Department
the
by
1982 Communications
Act
Development,
Information
of
Regional
Freedom
the Transport,
under
Released Infrastructure,
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FOI 25-176 - Page 111 of 184
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Document 9 Attachment A
ATTACHMENT A1
BIOGRAPHICAL DETAILS
Arts
of the
Name: The Hon Robert French AC
Position: Former Chief Justice of the High Court of
Australia
and
Department
the
by
Biography:
The Hon Robert French AC was appointed Chief Justice of the High Court of Australia in
1982 Communications
September 2008, and served to January 2017. In September 2024, South Australian Premier Peter
Malinauskas released a report by Mr French outlining a legislative vehicle to ban children under
the age of 14 from accessing social media (with access granted to 14- and 15-year-olds with
Act
parental consent). Mr French’s report and draft Bill have informed the design of the
Commonwealth legislation to enforce a minimum age of access to social media.
At the time of his appointment as Chief Justice of the High Court of Australia, Mr French was a
judge of the Federal Court of Australia, having been appointed to that office in November 1986.
He graduated from the University of Western Australia in science and law. He was admitted in
Development,
1972 and practised as a barrister and solicitor in Western Australia until 1983 when he went to the
Information
Western Australian Bar. From 1994 to 1998 he was President of the National Native Title
Tribunal. At the time of this appointment he was an additional member of the Supreme Court of
of
the Australian Capital Territory and a member of the Supreme Court of Fiji. He was also a Deputy
President of the Australian Competition Tribunal and a part-time member of the Australian Law
Regional
Reform Commission. From 2001 to January 2005 he was president of the Australian Association
of Constitutional Law. Chief Justice French was appointed a Companion in the General Division
of the Order of Australia in 2010.
Freedom
the Transport,
under
Released Infrastructure,
PROTECTED
5
FOI 25-176 - Page 112 of 184
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Document 9 Attachment A
ATTACHMENT A2
TALKING POINTS – The Hon Robert French AC
Arts
of
Introduction
the
• Thank you for joining us today to discuss the Government’s draft legislation to enforce a
minimum age of access to social media platforms – the Online Safety Amendment (Social
and
Media Minimum Age) Bill 2024 (the Bill).
• The report and proposed law you drafted for the South Australian Government as part of
Department
the Legal Examination into Social Media Access for Children has formed an important
basis for work at the Commonwealth level.
the
• I understand you met with representatives from my department in September to discuss
by
your approach, and the insights gained in this meeting have also informed our legislative
design.
1982 Communications
• In drafting the federal legislation, we considered how your framework might be applied at
a national level, in particular, how we could integrate it into the existing framework of the
Act
Online Safety Act 2021 (the OSA).
• I’m aware this was only provided to you in the last couple of days, so I appreciate the time
you’ve taken to examine it and to meet with us today.
• I ask that you keep the draft Bill and Rules confidential, along with the details of our
Development,
discussion today.
Information
of
KEY TOPICS
Regulated activity
Regional
• The Bill establishes an obligation on social media platforms to take ‘reasonable steps to
prevent age-restricted users’ from having an account (proposed s63B).
Freedom
• This places the onus on platforms to introduce systems and settings to ensure that under-
the
age children cannot create and hold a social media account. It would not punish a platform
Transport,
for individual instances where child-users circumvent any reasonably appropriate
measures put in place by the platform – however, a failure to take action to limit such
under
circumventions could give rise to a breach.
• The draft Bill takes a narrower approach to the obligation by regulating the act of ‘having
an account’, as opposed to ‘accessing’ social media more generally. As you recognised in
your report, there are costs and benefits associated with a legislated restriction. Our
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6
FOI 25-176 - Page 113 of 184
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Document 9 Attachment A
proposed approach seeks to strike a balance between protecting children and young people
from harm, while limiting the regulatory burden on the broader population.
Arts
• Importantly, the obligation would help to mitigate harms arising from the addictive
of
features that are largely associated with user accounts and profiles, such as algorithms
the
tailoring content, gamification to encourage regular participation, and ‘likes’ to activate
positive feedback neural activity.
and
YOU MAY WISH TO ASK
•
In your draft law, you proposed a wide meaning of the term ‘access’ that was to underpin
Department
the obligation on platforms. Did you consider any options for a narrower approach?
the
IF ASKED – Why doesn’t the obligation include a ‘duty of care’ element?
by
• My department carefully considered the option of couching the obligation within a ‘duty
of care’ framework, as is proposed in your draft law.
Communications
• The independent review of the OSA will outline a path forward for online safety reform,
1982
including an expected call for the implementation of a ‘duty of care’ approach for online
Act
industry.
• The introduction of a duty of care in the OSA would be a seismic change to the current
framework, which adopts a largely content and complaints-based approach. While a duty
of care model would likely provide greater protections to Australians, significant work will
Development,
be required to develop an effective model that holds industry to account. As such, for the
Information
purposes of this Bill, we have opted out of a duty of care approach as there will be an
of
opportunity to consider this further in the context of the OSA review.
Regional
Regulated population
• The obligation will apply to ‘age-restricted social media platforms’, a new term being
Freedom
introduced into the OSA (proposed s13B). This largely draws on the existing definition of
‘social media service’ (s13), with a modification to expand the ‘sole or primary purpose’
the
test to a ‘significant purpose’ test.
Transport,
• While the definition casts a wide net, flexibility to reduce the scope or further target the
under
definition is available through legislative instruments. Achieving this through instruments,
rather than primary legislation, allows the Government to be responsive to changes and
evolutions in the social media ecosystem.
• An instrument-making power is available to provide additional conditions that must be
met, in order to fall within the definition of ‘age-restricted social media platform’.
Released Infrastructure,
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7
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o As an example, this could include the number of monthly active users a platform
must have, before falling within scope.
Arts
• An instrument-making power is also available to exclude specific classes of services from
of
the definition. In the first instance, this power may be used to carve out instant messaging,
the
online games, and services that primarily serve to support education or health outcomes.
YOU MAY WISH TO ASK
and
•
Do you have any views on the definition of ‘age-restricted social media platform’?
IF ASKED – Why are instant messaging apps and online games excluded from the definition?
Department
• In the case of messaging apps, while users can still be exposed to harmful content by other
the
users, they do not face the same algorithmic curation of content and psychological
by
manipulation to encourage near endless engagement. Further, including messaging apps
could have wider consequences, such as making communication within families harder.
Communications
• Online games are currently regulated under the National Classification Scheme. The
1982
Scheme provides information on the age suitability of online games through a combination
Act
of the classification and relevant consumer advice. Imposing additional age-based
regulation to online games would create unnecessary regulatory overlap.
IF ASKED – Why was the ‘sole or primary’ purpose test changed?
Development,
• Under s13 of the OSA, a condition of being a ‘social media service’ is that its
sole or
Information
primary purpose is to enable online social interaction. This is a very focused requirement
of
that could offer platforms greater opportunity to argue they are out of scope, particularly as
their service-offerings expand and evolve.
Regional
IF ASKED – Is there a risk that regulating the act of ‘having an account’, as opposed to
‘accessing’ social media, will encourage social media platforms to allow content on their services
Freedom
to be viewed by non-account holders (similar to the YouTube model)?
the
• There will be an opportunity to reconsider this following a two-year review of the
Transport,
minimum age being in place to determine whether the scope of the regulated activities and
services is appropriate.
under
Exemption framework
• Platforms within scope of the definition may seek an exemption from the obligation, by
applying to the eSafety Commissioner (proposed s63D).
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• The Commissioner will be empowered to make a legislative instrument, setting out the
criteria that platforms must meet in order to be exempted under this framework.
Arts
• This is a key component of the framework, providing a positive incentive for safe
of
innovation to platforms that wish to access the market for under-age users. Platforms that
the
do not employ harmful features may apply for an exemption. The harmful features in
question will focus on design elements of platforms, such as the algorithmic feeds that can
and
have a devastating effect on mental wellbeing, sleep and physical activity. This can
exacerbate psychological or mental health changes such as negative body image.
Department
• The criteria will be co-designed with experts, industry and children, to ensure it strikes the
right balance between protecting children from the harmful effects of social media, while
the
continuing to facilitate the benefits it can bring.
by
YOU MAY WISH TO ASK
•
Do you have any views on what should be included in the exemption criteria?
1982 Communications
IF ASKED – Why is the exemption criteria being deferred to regulations rather than being set out
Act
in the OSA?
• Design of the criteria will be complex and crucial. It will be the subject of intense scrutiny
both from those wanting to ensure that children are adequately protected, and from
platforms seeking to minimise the burden required on them to access a younger market. As
Development,
such, I am proposing that the details of the exemption framework will feature in
Information
regulations. This will allow for a considered, co-designed approach to be taken. The
of
regulations would be finalised by the third quarter of 2025, ahead of the implementation of
the legislation.
Regional
• The objective of the criteria is to encourage platforms to adopt safety-by-design principles,
and submit to the Commissioner for assessment of their mitigations. This drives
Freedom
improvement in the market, while providing an opportunity for connections, not harms, to
flourish.
the Transport,
Parental consent
•
under
The Bill does not incorporate parental consent as an exemption to the minimum age
obligation.
• Parental consent is likely to be complex to administer and result in a significant increase in
the volume of data collected by platforms. For example, in addition to establishing that a
Released Infrastructure,
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Document 9 Attachment A
person is an under-age user, the platform would need to establish the identification of the
parent or carer, as well as to confirm that relationship.
Arts
• It would also undermine a key objective of the policy, which is to support and empower
of
parents, rather than putting more pressure on them.
the
Grandfathering
and
• The Bill does not include grandfathering arrangements for existing under-age users.
• The Bill will instead provide a one-year implementation timeframe (at a minimum),
allowing for an adequate transition, while preserving an equitable treatment for all users
Department
below the minimum age.
the
• Grandfathering is likely to be very difficult to administer, and could incentivise the mass
by
creation of child accounts ahead of the Bill’s passage and implementation.
Communications
IF RAISED – ADDITIONAL TOPICS
1982
Age
Act
• We are still finalising the question of age.
• There is no robust evidence that provides a definitive answer on a single age. Multiple
experts at the NSW Government’s Social Media Summit all provided differing views,
ranging from an age of 14 to 16, to contesting whether there should be any minimum age.
Development,
• At the same time, there is broad agreement that social media is exposing young
Information
Australians to a range of harms, many stemming from the addictive features of platforms.
of
YOU MAY WISH TO ASK
•
Based on your reading of the draft Bill and how it would operate, does that suggest a
Regional
higher or lower age?
Freedom
Privacy safeguards
• The practical effect of the minimum age obligation on platforms is that they will likely be
the
required to undertake some form of age assurance on account holders, as a means of
Transport,
satisfying the ‘reasonable steps’ requirement.
under
• ‘Age assurance’ encompasses a range of methods for estimating or verifying the age or
age range of users. Each method relies on data and personal information as an input, but
may differ in the amount and type of data required.
• The Bill incorporates strong protections for personal information collected by platforms
Released Infrastructure,
for age assurance purposes (proposed s63H).
PROTECTED
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Document 9 Attachment A
• Importantly, these provisions provide that platforms must not use that information for any
other purpose, unless explicitly agreed by the user. This agreement must be voluntary,
Arts
informed, current, specific and unambiguous – this is an elevated requirement that
of
precludes platforms from seeking consent through preselected settings or opt-outs. In
the
addition, once the information has been used for age assurance, it must be destroyed or
de-identified by the platform.
and
• Serious and repeated breaches of these provisions could result in penalties of up to
$50 million (s13G of the
Privacy Act 1988).
Department
IF ASKED – Will the minimum age obligation result in platforms asking all users to upload
the
government-issued ID?
by
• There are a range of age assurance methods available to platforms that would not involve a
comprehensive collection of formal ID.
Communications
• The Government is undertaking an age assurance trial that will evaluate the available
1982
technologies against their privacy implications and reliability, and provide a robust tool for
Act
assessing different approaches.
• The outcomes of the trial will inform the development of regulatory guidance by the
eSafety Commissioner on the age assurance methods that are considered appropriate.
• At the same time, the privacy safeguards in the Bill impose robust obligations on platforms
Development,
to protect, ringfence and destroy any information collected, including government-issued
Information
ID, with serious penalties applicable for any breach of these requirements.
of
Additional regulator powers
Regional
• The Bill equips the Commissioner with additional tools and powers to effectively
administer the new minimum age framework. This includes:
Freedom
o The ability to impose conditions when exempting platforms from the minimum age
obligation.
the
o Information-gathering powers, that allow the Commissioner to request information
Transport,
from platforms about how they are complying with the obligation.
under
o A power to direct internet search engines to remove links to platforms considered
to be in breach of the obligation.
o A power to direct app distribution services to cease enabling users to download
apps for platforms considered to be in breach of the obligation.
YOU MAY WISH TO ASK
Released Infrastructure,
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11
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•
Do you have any views on whether the powers are sufficient and proportionate?
Penalties
Arts
•
of
In making these reforms, it is critical we send a clear signal to platforms about the
the
importance of their social responsibilities to children and all Australians. As such, the Bill
is expected to impose significant penalties for breaching the minimum age obligation. This
and
could be as high as $50 million, consistent with serious offences set out in the
Privacy Act
1988 and
Competition and Consumer Act 2010.
Department
Commencement
the
• The minimum age obligation on social media services will commence no earlier than
12-months after Royal Assent, on a day to be specified (proposed s63C). This flexibility
by
on the when the obligation commences will allow time for social media platform to
Communications
develop and implement required systems.
1982
• It will also allow for finalisation of the Age Assurance Trial, which will provide guidance
on market readiness of age assurance technologies, and inform advice to Government and
Act
the eSafety Commissioner on implementation and enforcement of the minimum age.
Review
• Finally, review of the legislation two years after effective commencement (proposed
Development,
s239B) will provide the Government with an opportunity to recalibrate policies, if
Information
required, to be proportionate to changed behaviours – of both digital platforms and young
of
people.
• It will allow time to recognise any technological advancements since commencement, to
Regional
reconsider the definition of an age-restricted social media platform, and to consider
whether other digital platforms such as online games or additional social media platforms
Freedom
that can be viewed without an account or profile, should be captured within scope.
the
• The review point will also provide an opportunity to reassess the evidence base
Transport,
surrounding young people’s mental health and wellbeing, and the impacts of social media
platform, as a measure of success of the legislation.
under
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12
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Document 9 Attachment B
ATTACHMENT B
TALKING POINTS – eSafety Commissioner
Arts
of
Introduction
the
• Thank you for taking the time today to discuss the Government’s draft legislation to
enforce a minimum age of access to social media platforms – the Online Safety
and
Amendment (Social Media Minimum Age) Bill 2024 (the Bill).
• In drafting the legislation, my department has been working closely with your office to
Department
ensure eSafety’s expertise is considered and reflected in the design of the Bill.
the
KEY TOPICS
by
Regulated activity
• The Bill establishes an obligation on social media platforms to take ‘reasonable steps to
1982 Communications
prevent age-restricted users’ from having an account (proposed s63B).
• This places the onus on platforms to introduce systems and settings to ensure that under-
Act
age children cannot create and hold a social media account. It would not punish a platform
for individual instances where child-users circumvent any reasonably appropriate
measures put in place by the platform – however, a failure to take action to limit such
circumventions could give rise to a breach.
Development,
• The approach of regulating the act of ‘having an account’, as opposed to ‘accessing’ social
Information
media more generally seeks to strike a balance between protecting children and young
of
people from harm, while limiting the regulatory burden on the broader population.
•
Regional
Importantly, the obligation would help to mitigate harms arising from the addictive
features that are largely associated with user accounts and profiles, such as algorithms
tailoring content, gamification to encourage regular participation, and ‘likes’ to activate
Freedom
positive feedback neural activity.
the Transport,
Regulated population
• The obligation will apply to ‘age-restricted social media platforms’, a new term being
under
introduced into the OSA (proposed s13B). This largely draws on the existing definition of
‘social media service’ (s13), with a modification to expand the ‘sole or primary purpose’
test to a ‘significant purpose’ test.
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13
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• While the definition casts a wide net initially, flexibility to reduce the scope or further
target the definition is available through legislative instruments. Achieving this through
Arts
instruments, rather than primary legislation, allows the Government to be responsive to
of
changes and evolutions in the social media ecosystem – as well as the ability to manage
the
the regulatory and administrative burden that will arise from the framework.
• An instrument-making power is available to provide additional conditions that must be
and
met in order to fall within the definition of ‘age-restricted social media platform’.
o As an example, this could include the number of monthly active users a platform
Department
must have, before falling within scope.
• An instrument-making power is also available to exclude specific classes of services from
the
the definition. In the first instance, this power may be used to carve out instant messaging,
by
online games, and services that primarily serve to support education or health outcomes.
YOU MAY WISH TO ASK
1982 Communications
•
Do you have any views on the definition of ‘age-restricted social media platform’?
Act
IF ASKED – Why is the obligation being imposed on social media platforms, rather than at the
app-store or device level?
• The Government has already announced the obligation on platforms.
• However, we would welcome social media platforms contracting with app stores, service
Development,
providers and manufacturing companies, where this partnership could amount to
Information
reasonable steps for age assurance.
of
• This issue could be further examined as part of the review of the legislation that will occur
within 2 years of commencement.
Regional
IF ASKED – Why was the ‘sole or primary’ purpose test changed?
Freedom
• Under s13 of the OSA, a condition of being a ‘social media service’ is that its
sole or
the
primary purpose is to enable online social interaction. This is a very focused requirement
Transport,
that could offer platforms greater opportunity to argue they are out of scope, particularly as
their service-offerings expand and evolve.
under
Exemption framework
• Platforms within scope of the definition may seek an exemption from the obligation, by
applying to the eSafety Commissioner (proposed s63D).
Released Infrastructure,
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14
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Document 9 Attachment B
• The Commissioner will be empowered to make a legislative instrument, setting out the
criteria that platforms must meet in order to be exempted under this framework.
Arts
• This is a key component of the framework, providing a positive incentive for safe
of
innovation to platforms that wish to access the market for under-age users. Platforms that
the
do not employ harmful features may apply for an exemption. The harmful features in
question will focus on design elements of platforms, such as the algorithmic feeds that can
and
have a devastating effect on mental wellbeing, sleep and physical activity. This can
exacerbate psychological or mental health changes such as negative body image.
Department
• The criteria will be co-designed with experts, industry and children, to ensure it strikes the
right balance between protecting children from the harmful effects of social media, while
the
continuing to facilitate the benefits it can bring.
by
IF ASKED – Why is the exemption criteria being deferred to regulations rather than being set out
Communications
in the OSA?
1982
• Design of the criteria will be complex and crucial. It will be the subject of intense scrutiny
Act
both from those wanting to ensure that children are adequately protected, and from
platforms seeking to minimise the burden required on them to access a younger market. As
such, I am proposing that the details of the exemption framework will feature in
regulations. This will allow for a considered, co-designed approach to be taken. The
Development,
regulations would be finalised by the third quarter of 2025, ahead of the implementation of
Information
the legislation.
of
• The objective of the criteria is to encourage platforms to adopt safety-by-design principles,
and submit to the Commissioner for assessment of their mitigations. This drives
Regional
improvement in the market, while providing an opportunity for connections, not harms, to
flourish.
Freedom
Additional regulator powers
the
• The Bill equips the eSafety Commissioner with additional tools and powers to effectively
Transport,
administer the new minimum age framework. This includes:
under
o The ability to impose conditions when exempting platforms from the minimum age
obligation.
o Information-gathering powers, that allow the Commissioner to request information
from platforms about how they are complying with the obligation.
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o A power to direct internet search engines to remove links to platforms considered
to be in breach of the obligation.
Arts
o A power to direct app distribution services to cease enabling users to download
of
apps for platforms considered to be in breach of the obligation.
the
• These provisions have been prepared in consultation with your office. I note that further
work is ongoing to consider what else might be required and appropriate for the
and
framework.
YOU MAY WISH TO ASK
Department
•
Do you have any views on whether the powers are sufficient and proportionate?
the
IF RAISED – ADDITIONAL TOPICS
by
Age
• We are still finalising the question of age.
1982 Communications
• There is no robust evidence that provides a definitive answer on a single age. Multiple
experts at the NSW Government’s Social Media Summit all provided differing views,
Act
ranging from an age of 14 to 16, to contesting whether there should be any minimum age.
• At the same time, there is broad agreement that social media is exposing young
Australians to a range of harms, many stemming from the addictive features of platforms.
Development,
Information
Penalties
of
• In making these reforms, it is critical we send a clear signal to platforms about the
importance of their social responsibilities to children and all Australians. As such, the Bill
Regional
is expected to impose significant penalties for breaching the minimum age obligation. This
could be as high as $50 million, consistent with serious offences set out in the
Privacy Act
Freedom
1988 and
Competition and Consumer Act 2010.
the
Parental consent
Transport,
• The Bill does not incorporate parental consent as an exemption to the minimum age
obligation.
under
• Parental consent is likely to be complex to administer and result in a significant increase in
the volume of data collected by platforms. For example, in addition to establishing that a
person is an under-age user, the platform would need to establish the identification of the
parent or carer, as well as to confirm that relationship.
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• It would also undermine a key objective of the policy, which is to support and empower
parents, rather than putting more pressure on them.
Arts
of
Commencement
the
• The minimum age obligation on social media services will commence no earlier than
and
12-months after Royal Assent, on a day to be specified (proposed s63C). This flexibility
on the when the obligation commences will allow time for social media platform to
develop and implement required systems.
Department
• It will also allow for finalisation of the Age Assurance Trial, which will provide guidance
the
on market readiness of age assurance technologies, and inform advice to Government and
the eSafety Commissioner on implementation and enforcement of the minimum age.
by
Communications
Review
1982
• Review of the legislation two years after effective commencement (proposed s239B) will
Act
provide the Government with an opportunity to recalibrate policies, if required, to be
proportionate to changed behaviours – of both digital platforms and young people.
• It will allow time to recognise any technological advancements since commencement, to
reconsider the definition of an age-restricted social media platform, and to consider
Development,
whether other digital platforms such as online games or additional social media platforms
Information
that can be viewed without an account or profile, should be captured within scope.
of
• The review point will also provide an opportunity to reassess the evidence base
surrounding young people’s mental health and wellbeing, and the impacts of social media
Regional
platform, as a measure of success of the legislation.
Freedom
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of
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Arts
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Act
Development,
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of
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ATTACHMENT C2
TALKING POINTS – Mental health organisations
Arts
of
Introduction
the
• Thank you for joining me today to discuss the Government’s legislation to enforce a
minimum age of access to social media platforms.
and
• The Bill aims to minimise the risk of harms to young Australians from social media, place
responsibility on social media platforms for the safety of their users, and incentivise safe
Department
innovation on digital platforms.
• We know, however, that social media platforms offer a range of benefits to young
the
Australians, including as an avenue for social connection and community building, and
by
access to support services, news and information.
• That’s why we are designing legislation that aims to strike a balance between protecting
1982 Communications
children from online harms and maintaining their access to these benefits.
• I understand some of you participated in a roundtable organised by my department as part
Act
of the age assurance trial. Your feedback has informed the key design principles of the
legislation.
• As organisations on the frontline of supporting young people’s mental health, your insights
today will be invaluable for this process.
Development,
• I ask that you keep the details of our discussion today confidential, and do not distribute
Information
any materials provided by my department further.
of
KEY TOPICS
Regional
Age
• The Government is continuing to consider the minimum age. I note that no solution will be
Freedom
perfect, and there is unlikely to be consensus among experts and the community on the
the
‘right’ age.
Transport,
• We are aware that there is no robust evidence that provides a definitive answer on a single
age. Multiple experts at the NSW and SA governments’ Social Media Summit provided
under
differing views, ranging from an age of 14 to 16, to contesting whether there should be any
minimum age.
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• I am interested to hear from you today about any views you have about an appropriate age,
particularly with reference to the demographics of your users, including through your
Arts
social media platforms compared with other communication channels
.
of the
IF ASKED – When will the age be announced?
• The age will be included as part of the finalised Bill, which we are working to introduce
and
into Parliament by the end of this year.
Regulated activity
Department
• The Bill establishes an obligation on social media platforms to take ‘reasonable steps to
the
prevent age-restricted users’ from having an account.
• This places the onus on platforms to ensure that underage children cannot create and hold
by
a social media account. It would not punish a platform for individual instances where a
Communications
child circumvents any systems put in place by the platform to prevent this – however, a
1982
failure to take action to limit such circumventions could give rise to a breach.
•
Act
By regulating the act of ‘having an account’, as opposed to ‘accessing’ social media more
generally, the Bill seeks to strike a balance between protecting children and young people
from harm, while limiting the regulatory burden on the broader population.
• Importantly, the obligation would help to mitigate harms arising from the addictive
Development,
features that are largely associated with social media, such as algorithms tailoring content,
Information
gamification to encourage regular participation, and ‘likes’ to activate positive feedback
of
neural activity.
Regulated population
Regional
• The obligation will apply to ‘age-restricted social media platforms’, which is a new term
being introduced into the Online Safety Act. Its definition includes that a ‘significant
Freedom
purpose’ of the service is to enable online social interactions between 2 or more users.
the
• While this definition casts a wide net, the Bill allows for flexibility to reduce the scope or
Transport,
further target the definition through legislative instruments.
• An instrument-making power is available to introduce additional conditions that must be
under
met in order to fall within the definition of ‘age-restricted social media platform’.
o As an example, this could include the number of monthly active users a platform
must have, before falling within scope.
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• An instrument-making power is also available to exclude specific classes of services from
the definition. In the first instance, this power may be used to carve out instant messaging,
Arts
online games, and services that primarily serve to support education or health outcomes.
of
YOU MAY WISH TO ASK
the
•
Do you have any views on the definition of ‘age-restricted social media platform’?
and
IF ASKED – Why are instant messaging apps and online games excluded from the definition?
• In the case of messaging apps, while users can still be exposed to harmful content by other
Department
users, they do not face the same algorithmic curation of content and psychological
manipulation to encourage near endless engagement. Further, including messaging apps
the
could have wider consequences, such as making communication within families harder.
by
• Online games are currently regulated under the National Classification Scheme. The
Scheme provides information on the age suitability of online games through a combination
1982 Communications
of the classification and relevant consumer advice. Imposing additional age-based
regulation to online games would create unnecessary regulatory overlap.
Act
Exemption framework
• Platforms within scope of the definition may seek an exemption from the obligation, by
applying to the eSafety Commissioner.
Development,
• The Commissioner will be empowered to make a legislative instrument, setting out the
Information
criteria that platforms must meet in order to be exempted.
of
• The objective of the criteria is to encourage platforms to adopt safety-by-design principles.
This drives improvement in the market, while providing an opportunity for connections,
Regional
not harms, to flourish.
• The criteria will be co-designed with experts, industry and children, to ensure it strikes the
Freedom
right balance between protecting children from the harmful effects of social media, while
the
continuing to facilitate the benefits it can bring.
Transport,
• Platforms that do not use harmful features may apply for an exemption. The harmful
features in question will focus on design elements of platforms, such as the algorithmic
under
feeds that can have a devastating effect on mental wellbeing, sleep and physical activity.
YOU MAY WISH TO ASK
•
Do you have any views on what should be included in the exemption criteria?
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IF ASKED – What will the new minimum age framework mean for at-risk children – such as those
who lack a safe home environment or are part of a marginalised community – who use social
Arts
media to access support and information, including in relation to mental health?
of
• We recognise that, in some cases, social media offers benefits for children and young
the
people, particularly for those accessing mental health services.
• We acknowledge that introducing a minimum age for social media will affect what is
and
currently a large channel for access to your services. However, we are neither turning off
the whole internet, nor confiscating phones from every young person.
Department
• As such I would like to discuss ways that, in the context of a world with this framework,
we can all work to maintain overall access to your services. In particular, the inclusion of
the
an exemption framework means it will be open to platforms to continue providing this
by
beneficial access to under-age users once they have made the platform safe for all children.
• Further, the ability to exclude specific types of services from the definition, such as those
1982 Communications
that primarily serve to support education or health outcomes, will support maintained
access for all children to these benefits.
Act
• Would having messenger services outside of scope help youth reach your services?
IF ASKED – Why is the exemption criteria being deferred to regulations rather than being set out
in the OSA?
Development,
• Design of the criteria will be complex and crucial. It will be the subject of intense scrutiny
Information
both from those wanting to ensure that children are adequately protected, and from
of
platforms seeking to minimise the burden required on them to access a younger market. As
such, I am proposing that the details of the exemption framework will feature in
Regional
regulations. This will allow for a considered, co-designed approach to be taken. The
regulations would be finalised by the third quarter of 2025, ahead of the implementation of
Freedom
the legislation.
the Transport,
Review
• Review of the legislation two years after commencement will provide the Government
under
with an opportunity to recalibrate policies, if required, to be proportionate to changed
behaviours – of both digital platforms and young people.
• It will allow time to recognise any technological advancements since commencement, to
reconsider the definition of an age-restricted social media platform, and to consider
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whether other digital platforms such as online games should be captured within scope.
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• The review point will also provide an opportunity to reassess the evidence base
surrounding young people’s mental health and wellbeing, and the impacts of social media
Arts
platforms, as a measure of success of the legislation.
of the
IF ASKED (additional topics)
Will the Bill include a model for parental consent?
and
• The Bill does not incorporate parental consent as an exemption to the age limit obligation.
• Parental consent is likely to be complex to administer and result in a significant increase in
the volume of data collected by platforms. For example, in addition to establishing that a
Department
person is an under-age user, the platform would need to establish the identification of the
the
parent or carer, as well as to confirm that relationship.
by
• It would also undermine a key objective of the policy, which is to support and empower
parents, rather than putting more pressure on them.
1982 Communications
Will there be grandfathering?
•
Act
The Bill does not include grandfathering arrangements for existing under-age users.
• The Bill will instead provide a one-year implementation timeframe (at a minimum),
allowing for an adequate transition, while preserving an equitable treatment for all users
below the minimum age.
Development,
• Grandfathering is likely to be very difficult to administer, and could incentivise the mass
Information
creation of child accounts ahead of the Bill’s passage and implementation.
of
Will this bill have a negative impact on privacy?
•
Regional
The practical effect of the age limit obligation on platforms is that they will likely be
required to use some form of age assurance on account holders, as a means of satisfying
the ‘reasonable steps’ requirement.
Freedom
• The Bill incorporates strong protections for personal information collected by platforms
the
for age assurance purposes. Importantly, platforms must not use that information for any
Transport,
other purpose, unless explicitly agreed by the user. In addition, once the information has
been used for age assurance, it must be destroyed or de-identified by the platform.
under
• Serious and repeated breaches of these provisions could result in penalties of up to
$50 million (s13G of the
Privacy Act 1988).
Will the age limit obligation result in platforms asking all users to upload government-issued ID?
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• There are a range of age assurance methods available to platforms that would not involve
collection of formal ID.
Arts
• The Government is undertaking an age assurance trial that will evaluate the available
of
technologies against their privacy implications and reliability, and provide a robust tool for
the
assessing different approaches.
• The outcomes of the trial will inform the development of regulatory guidance by the
and
eSafety Commissioner on the age assurance methods that are considered appropriate.
What penalties will exist for breach of the obligation?
Department
• In making these reforms, it is critical we send a clear signal to platforms about the
the
importance of their social responsibilities to children and all Australians. As such, the Bill
by
is expected to impose significant penalties for breaching the minimum age obligation. This
could be as high as $50 million, consistent with serious offences set out in the
Privacy Act
Communications
1988 and
Competition and Consumer Act 2010.
1982
What other regulatory powers will the eSafety Commissioner have?
Act
• The Bill equips the Commissioner with additional tools and powers to effectively
administer the new age limit framework. This includes:
o The ability to impose conditions when exempting platforms from the age limit
Development,
obligation.
Information
o Information-gathering powers, which allow the Commissioner to request
of
information from platforms about how they are complying with the obligation.
o A power to direct internet search engines to remove links to platforms considered
Regional
to be in breach of the obligation.
o A power to direct app distribution services to cease enabling users to download
Freedom
apps for platforms considered to be in breach of the obligation.
the
When will the obligation commence?
Transport,
• The minimum age obligation on social media platforms will commence no earlier than
12-months after Royal Assent, on a day to be specified (proposed s63C). This flexibility
under
on the when the obligation commences will allow time for social media platforms to
develop and implement required systems.
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• It will also allow for finalisation of the Age Assurance Trial, which will provide guidance
on market readiness of age assurance technologies, and inform advice to Government and
Arts
the eSafety Commissioner on implementation and enforcement of the minimum age.
of the
and
Department
the
by
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Act
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they are duplicates of Attachments A and B to Document 8
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of the
and
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1982 Communications
Act
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Document 9 Attachment G
Social media minimum age legislation – feedback from state and territory engagement
South Australia
New South Wales
Victoria
Western Australia
Northern Territory
Australian Capital
Queensland
Tasmania
Arts
Territory
AGE: What evidence
16
16
14
14, parental consent
In-principle support
Caretaker response
Caretaker
Response
of
your jurisdiction can
(NSW Health points to
for 14 and 15-year-
but
no age given.
response
Yet to be
the
provide on the preferred
varied development;
olds (in line with
Notes age should be
Received
age limit from a youth
response notes State
French report)
based in evidence,
development perspective
and
IDs focus on 16, but
considering social and
some Commonwealth
emotional isolation,
use 15)
disadvantage and
geographic impacts.
Department
PARENTAL
No
No
No
Yes, for 14 and 15.
In-principle support
CONSENT: The
for parental role in child
threshold appetite among
development, but notes
the
your constituents on the
language barriers and
role, if any, for parental
different family
by
consent to feature as a
structures for First
factor or variant for age
Nations and other
limits and permissions
cultures.
1982 Communications
GRANDFATHERING:
Limited, for 14 and 15-
No
No
In-principle support,
No firm view but
notes
Barr public comments:
Views on the desirability
year-olds with accounts,
(relies on 12-month
however ‘further work
risks outlined in
‘Doesn’t make sense’ to
for grandfathering
with parental controls.
lead time)
is required’ due to
French report –
remove existing users a
Act
arrangements for
equity of access.
enforcement challenges
year or 2 before they
existing account holders
and potential to
regain access. Suggests
under the determined
undermine protection.
transitional arrangement
minimum age
could work.
EXEMPTIONS:
Yes
Yes
Nil
Yes, limited
In-principle support
Development,
Views on the need for a
As per French,
French as starting point,
Beneficial for young
safety net or exemption
companies to seek
notes government and
people, such as mental
Information
for certain services
exemption, based on
non-profit services, and
health or those required
deemed beneficial for
safety-by-design.
highlights use of
for education.
of
young people (such as
Youtube in educational
mental health, education,
context.
Regional
or child safety accounts)
PHONE BANS:
Positive: ‘significant
Positive: ‘improved
In confidence – not for
Positive: ‘A 2023
Formal evaluation not
An assessment of the
improvement’
engagement and
public use
review concluded that it
yet available
impacts following your
Freedom
interaction in both
Positive: ‘improved
is working well’.
Positive: ‘initial
jurisdiction's
classrooms and the
student focus on learning
indications of positive
implementation of a phone
playground’
and increased student
impacts on student
the
ban in schools.
socialization or physical
engagement and
Transport,
activity during breaks’
reduction of
cyberbullying incidents
during school hours.’
under
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Document 9 Attachment H
The Rt Hon Anthony Albanese, MP
Arts
Prime Minister
of
Parliament House
the
Canberra, ACT 2600
and
Emailed: s22(1)(a)(ii)
@pm.gov.au CCed: s22(1)(a)(ii)
@pm.gov.au
October 21st 2024
Department
Dear Prime Minister,
the
Re: Follow Up to Social Media Summits
by
Your office should have received our open-letter of October 9th 2024, regarding the proposals
Communications
for a social media ban for under 16-year-olds, signed by over 100 Australian academics, 20
1982
world-leading international experts, and 20 Australian civil society organisations. The social
media Summits have now been held. Whilst the discussion was valuable, we maintain our view
Act
that bans will not appropriately protect children and young people online.
We wish to offer our suggestions for alternatives to protect children and young people without
arbitrarily restricting their access to the benefits of technology.
Development,
We note some of the encouraging statements made in Minister Rowland’s address to the
Information
Summit in Adelaide on 11 October, including her acknowledgement of the views of children
of
and young people that social media allows them to connect and feel socially included.
We applaud the Government’s strategic objective that social media must exercise a social
Regional
responsibility. We believe that these efforts in the community should be built around
measures to provide better support to children, young people, parents and families. At the
Freedom
same time, the regulatory response should focus on creating obligations and incentives to
platforms to build appropriate protections and meaningful responses to evidence of harms.
the Transport,
We support Minister Rowland’s statement of the Government’s intent that the “key design
principle of the Commonwealth’s legislative approach is to place the onus on platforms, not
under
parents or young people.” However, we do not agree that an age limit for social media will help
to “signal a set of normative values that support parents, teachers, and society”.
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and
Department
the
by
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Act
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of
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Freedom
the Transport,
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Document 10
QB24-000078
ONLINE SAFETY
Social Media Age Limits
Issue: Australian children are accessing content online that is harmful.
Arts
of
Headline Talking Points:
the
•
The Albanese Government is committed to minimising the harm that
comes from children accessing content online that is not appropriate for
and
them.
•
The Government has provided $6.5 million to conduct a trial of age
assurance technologies to protect children from harmful online content,
Department
including on social media, and age-restricted content such as
pornography.
the
•
The Government will introduce legislation before the end of this year to
enforce a minimum age of 16 for access to social media and other digital
by
platforms.
Communications
Key points
1982
• The Albanese Government understands the urgency for parents who are
Act
rightly concerned about the harmful impact to children of the ease of
access to age-inappropriate content such as online pornography, which is
Development,
prolific and easily accessible, and the harms that exist on social media.
Information
of
• Parents are looking for real solutions to what is a legitimate national
Regional
concern about harmful online environments and addictive features on
Freedom
social media that often target children.
the
• That is why the Government has announced that the minimum age for
Transport,
access to social media in Australia will be 16.
under
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ONLINE SAFETY
• Our Government will introduce legislation this year to enforce the minimum
Arts
age for access to social media.
of the
• I have made it clear that any age limit for social media access – and its
and
implementation – must be effective in the protection, not isolation, of
young people.
Department
•
the
Our approach will place the onus for compliance on the platforms, not
by
parents or children.
1982 Communications
• We are setting a normative value for parents in determining that social
Act
media in its current form is not suitable for use by young Australians. Our
decision has been guided by inputs from a range of stakeholders on the
appropriate age.
Development,
Information
• We are showing global leadership in taking this approach and we know that
of
other nations are also seeking to act in the regulatory oversight of social
Regional
media.
Freedom
• I have outlined the key design principles of the Commonwealth’s legislation
the Transport,
in my speech at the Social Media Summit, which was jointly hosted by NSW
under
and South Australian Governments on 10 and 11 October.
• These principles are:
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ONLINE SAFETY
o That the Online Safety Act will be amended to establish social media
Arts
age limits.
of the
o That the onus would be on platforms, not parents or young people.
and
o That penalties for users will not feature in our legislative design. It
will be incumbent on the platforms to demonstrate they are taking
Department
reasonable steps to ensure fundamental protections are in place at
the
by
the source.
1982 Communications
o eSafety, as the nation’s regulator on online safety matters will
Act
provide oversight and enforcement of our measures. Using the
established Commonwealth framework will enable the government
to draw on the expertise of the Office of the eSafety Commissioner in
Development,
Information
the implementation and monitoring.
of
o consideration of an exemption framework to accommodate access
Regional
for social media services that demonstrate a low risk of harm to
Freedom
children. The aim is to create positive incentives for digital platforms
the
to develop age-appropriate versions of their apps.
Transport,
under
o recognising the harmful features in the design of platforms that drive
addictive behaviours, the government will set parameters to guide
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Document 10
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ONLINE SAFETY
platforms in designing social media that allows connections, but not
Arts
harms, to flourish.
of the
o a 12-month implementation timeframe to provide industry and the
and
regulator time to implement systems and processes.
o a review of these measures to ensure they are effective and
Department
delivering the outcomes Australians want.
the
by
• A Commonwealth-led approach will ensure that all young Australians are
1982 Communications
better protected from online harms, and that parents and carers are
Act
supported in a nationally-consistent manner to keep their children safe.
ON AGE ASSURANCE IF NEEDED
Development,
• For age assurance technologies to keep our children safe online, they need
Information
of
to be effective. We also understand that it is critical to get privacy and
security right.
Regional
• On 10 September, we released the tender to procure an independent
Freedom
technology provider to assess a range of technologies available on the
the Transport,
market, to inform our decision making on the best next steps to protect
under
Australian children.
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• This approach aligns with the recommendation of the eSafety
Arts
Commissioner, made in the Roadmap for Age Verification, that age
of the
assurance technologies should be trialled before seeking to mandate them.
and
• The Government has commenced all elements of the trial:
o A Request for Tender to undertake an independent assessment of a
Department
the
range of age assurance technologies available on the market closed
by
on 8 October. Industry briefings for prospective tenderers were held
Communications
on 18 and 24 September and attended by interested parties from
1982
Australia and overseas.
Act
If asked: How will the delay in the completion of the technology trial
affect the age limit legislation?
Development,
Information
Answer: The legislation is on track for introduction this year and is not
of
dependent on the completion of the technology trial. The legislation
Regional
has been informed by targeted stakeholder consultation already
Freedom
undertaken through the age assurance trial, and with state and
the
territory governments.
Transport,
under
The technology trial is important for the implementation of the
legislation. This will be at least 12 months after the legislation is
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passed. The information from the trial will particularly assist the
Arts
eSafety Commissioner to enforce and oversee the onus it places on
of the
the platforms. The trial is expected to be completed by the first half of
and
2025, ahead of the commencement of the legislation. The technology
trial is complex and technical and will involve live-testing which
Department
requires appropriate ethical and other approvals. While time-
the
consuming, this will mean that Australians can be confident that the
by
implementation, informed by the trial, will have been tested against a
1982 Communications
range of criteria, including ease of use, privacy and data security.
Act
o Consumer research into Australians’ attitudes towards the use of age
assurance technologies for access to both pornography and social
Development,
media, and their views on an appropriate minimum age for social
Information
of
media access.
Regional
o A Cross-Government Working Group was established in May, to
inform all aspects of the trial including the criteria for technical
Freedom
assessment, such as important questions of privacy and security. The
the Transport,
working group has met five times and group will continue to meet
under
throughout the duration of the trial.
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o My department has completed consultation with young Australians,
Arts
parenting groups, academics and child development experts, the
of the
digital industry (including social media companies, app stores and
and
hardware providers), community organisations, civil society groups
and First Nations youth.
Department
the
by
1982 Communications
Act
Development,
Information
of
Regional
Freedom
the Transport,
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Key messages from parents and child development experts
Arts
• In August, I attended a roundtable with parents and parent groups to hear
of the
directly about their views and concerns about the benefits and harms of
and
social media and attitudes towards age assurance technologies.
• What I heard from that encounter is that parents see the harms that are
Department
present for children on social media and want action from Government and
the
from platforms to address these issues.
by
• They also recognise that children engaging with each other online can have
1982 Communications
great benefits and that young people’s digital literacy skills development is
Act
important.
• I also met with young people, hearing directly from young Australians who
Development,
will be directly affected by any decisions made by Government as a result of
Information
of
this trial.
Regional
• Parents told me they are overwhelmed with the prospect of managing
Freedom
children’s social media access, and are calling for a cultural and/or a legal
the
change.
Transport,
• Some suggested legislating an age limit now and implementing
under
enforcement in the short-medium term.
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• The parents and parents group generally acknowledged that children have a
Arts
right to access safe shared online spaces, and striking a balance between
of the
the benefits and the harms is key.
and
• They also noted that social media has many benefits, including a way to talk
to and connect with friends, establish identity, and as a regulation tool for
Department
neurodivergent children.
the
by
• However, it also can be addictive, provides an avenue for cyberbullying, and
Communications
algorithms show harmful or inappropriate content, such as horror and
1982
pornography that children don’t want to see.
Act
• Some of the actions suggested by the group were:
Development,
o An age limit for social media had strong support, though views on the
specific age varied.
Information
of
o Digital literacy for children and parents is critical. Parents need
Regional
strategies to create healthy screen routines and support children to
safely use technology.
Freedom
the
o Technology does not have to have a perfect before we bring in laws.
Transport,
We cannot wait for technology to catch up with aspirations. Instead
under
set the cultural norm and standards – then as technology improves,
we implement it.
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Meta’s announcement on introducing ‘teen accounts’ for Instagram
Arts
• The Government acknowledges Meta’s announcement that they will
of the
introduce "teen accounts" for Instagram users under 18.
and
• Any development that genuinely makes social media safer and healthier for
young Australians is a welcome step because everyone has a role to play.
Department
Evidence shows early access to social media can be harmful, and the
the
Government has been clear that the safety, as well as the mental and physical
by
health of young Australians is paramount.
1982 Communications
Government policy intent / commitment
Act
• On 1 May 2024, the Australian Government committed $6.5 million in the
2024-25 Budget to conduct a trial of age assurance technologies, as an
Development,
option for addressing both:
Information
of
o Access to pornography by those under the age of 18; and
Regional
o Access to social media by children and young people.
Freedom
• The Department of Infrastructure, Transport, Regional Development,
the
Communications and the Arts is responsible for this trial, which will
Transport,
examine the effectiveness of a range of technologies and assess how well
under
they work in an Australian context, given our privacy and security settings.
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• The final design of the trial has been settled through cross-government
Arts
consultation, to ensure that a range of policy issues are considered.
of the
• The Cross-Government Working Group on age assurance first met in May
and
and continues to meet monthly, with representation from the office of the
eSafety Commissioner, and agencies including the Attorney-General’s
Department
Department, the Department of Home Affairs, the Department of
the
by
Education, the Department of Social Services, and the National Indigenous
Australians Agency.
1982 Communications
Regulation and related work
Act
• The trial is taking place at a time when the Government is thoroughly
examining how well online harms are being prevented, and whether there
Development,
Information
are any gaps in the current regulatory framework.
of
• Our Government has prioritised online safety from the moment we formed
Regional
Government and I brought forward a review of the Online Safety Act by a
Freedom
full year to ensure it was keeping up with growing harms online and
the
technologies that weren’t even thought of when the Act was passed, such
Transport,
as generative AI.
under
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• There are other streams of work within my portfolio that build on our
Arts
commitment to online safety:
of the
o Development of Phase 2 industry codes under the Online Content
and
Scheme of the Online Safety Act, led by the eSafety Commissioner.
o An update of the Basic Online Safety Expectations Determination,
Department
the
which sets out safety expectations for online service providers.
by
o Stage two reforms to modernise the National Classification Scheme.
1982 Communications
Act
Development,
Information
of
Regional
Freedom
the Transport,
under
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Background
• Funding for the trial was announced on 1 May 2024 by the Prime Minister, the Hon
Arts
Anthony Albanese MP, following a meeting of National Cabinet on gender-based
of
violence.
the
• The eSafety Commissioner released a statement on 1 May 2024 welcoming the
announcement of the trial and noting the parallel work to develop the Phase 2 industry
and
codes.
• In June 2024, Opposition Leader the Hon Peter Dutton MP pledged to ban under-16-
year-olds from accessing social media by implementing age verification in the first 100
days of a Coalition government.
Department
• The Request for Tender for an independent assessor to conduct the technology trial
was released to the market through tenders.gov.au on 10 September 2024.
the
• On 7 September, the Premier of South Australia announced a proposed a ban on
children under 14 years of age from accessing social media, ahead of releasing a report
by
by former High Court Chief Justice Robert French examining legal avenues to restrict the
use of social media by children.
•
Communications
On 10 September, the Prime Minister announced that the Government will introduce
1982
legislation to enforce a minimum age for access to social media.
Anonymous quotes from parents, child-development experts and parent groups
Act
consultation on 16 August:
• “We are battling multinational corporations that are going to find another way to
access children.”
• “We are battling addiction here. Need to decide on age, build in support mechanisms –
Development,
look out for measures that will extend beyond social media (such as addiction support)”
• “Majority of parents in a survey reported having conflict with kids about social media –
Information
regularly”
•
of
“We need to flip this argument – we want to hear about why a 13-year-old should be
on social media”
• “There is a huge appetite amongst parents to delay access to social media. Not any one
Regional
thing is going to fix this, but raising the age is a significant tool.”
Freedom
Key Media
the
Media
Summary
Transport,
News Corp Australia
Calls on the Government to raise the age of
Let Them Be Kids campaign
access to social media from 13- to 16-years-
under
old, enforced by age verification.
Collective Shout
Calls on Government to commence the trial
Calls for age restrictions to online porn
without delay, and to focus on preventing
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access to pornography now, with
consideration of social media to follow.
Arts
The Daily Telegraph
Trial on age verification for social media
of
and porn drowning in bureaucracy. Only
Labor pilot failing our kids
the
two of the three components of the trial
have started and the most crucial element
and
– the technology trial – has not begun.
Announcement by South Australian
On Saturday 7 September, Premier
Premier
Malinauskas announced a proposed a ban
Department
on children under 14 years of age from
South Australia takes big leap to regulate
accessing social media, ahead of releasing a
social media | The Border Mail | Wodonga,
the
report by former High Court Chief Justice
VIC
Robert French examining legal avenues to
by
Social media companies to face fines for
restrict the use of social media by children.
allowing children under 14 on their
• It recommends imposing statutory
Communications
platforms under proposed SA laws - ABC
1982
duties of care on social media providers
News
to take all reasonable steps to prevent
Act
access by any South Australian child
under 14 and by any South Australian
child aged between 14-16 without the
consent of their parents or guardian.
• Beneficial or low-risk social media
services would be exempt, as
Development,
determined by the relevant minister or
Information
regulator.
of
• While it is legally possible for South
Australia to create its own regulator,
the report suggested the
Regional
Commonwealth could confer a new
state-based regulatory function on the
Freedom
eSafety Commissioner.
News Corp Australia
On Tuesday 10 September, the Prime
the
Minister announced that his government
Transport,
would introduce legislation to enforce a
‘Enough is enough’: Fed up PM confirms
minimum age for access to social media.
nationwide social media ban |
under
news.com.au — Australia’s leading news
site
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Australian Financial Review
The Albanese government should force
social media giants such as Facebook and
Social media age limits: Daniel Petre warns of
Snapchat to develop systems to block
Arts
‘fundamental strategic error’ in social media
underage access if it is serious about
of
teen ban (afr.com)
protecting children and teenagers from
the
online harms.
and
Spending $6.5 million to trial technologies
to restrict social media to older teenagers,
rather than making the tech companies do
it themselves, was a mistake.
Department
The Herald Sun – Opinion
We will bring this legislation into
the
parliament before the end of the year. This
The Prime Minister
is all about supporting parents and
by
protecting children.
We want children to have their childhood - The
Herald Sun | Prime Minister of Australia
1982 Communications
(pm.gov.au)
Australian Broadcasting Corporation (ABC)
Instagram will introduce "teen accounts"
for people under 18, limiting what they can
Act
Anti-bullying features and more parental access
will be part of new Instagram measures for
view and who can contact them.
underage users
Meta said the switch will happen
immediately for any new users and within
60 days for existing users. Meta is also
Development,
developing AI tools to help it detect
underage users who lie about their age. The
Information
tools will be trialled with US users in 2025.
of
ABC News
Concern that banning young people from social
media could prevent marginalised people from
Regional
finding "life-saving" resources they may not be
As a federal social media ban looms,
able to access offline.
marginalised groups fear youth could be cut off
Freedom
"For a lot of young people, especially people
from their communities - ABC News
who are marginalised, the internet provides
really important spaces for finding
the
communities, and many of the problems that
Transport,
they experience while doing that are really
deep issues of social media that also affect
adults."
under
To just say we're going to ban kids from
accessing that social media until they're 14 or
until they're 16, and then chuck them in [with
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those adults] doesn't address the root of the
problem."
Crikey
Public debate about Australia’s looming teen
Arts
social media ban has naturally focused on
of
It's not just a 'teen social media ban', it's an age children — but it is going to affect Australians
verification scheme
the
of all ages.
ABC News
Concern that the ban could be detrimental to
teenagers who rely on social media to connect
and
Federal government's looming social media ban with marginalised and minority groups.
may be bad for isolated, marginalised
teenagers - ABC News
Department
The Guardian
Norway is to enforce a strict minimum age limit
on social media of 15 as the government
Norway to increase minimum age limit on
the
ramped up its campaign against tech
social media to 15 to protect children | Norway companies it says are “pitted against small
by
| The Guardian
children’s brains”.
Courier Mail
Criticism that the technology trial to ensure
social media companies can enforce an age
Communications
https://www.couriermail.com.au/news/world/l
1982
limit is yet to begin.
abor-delays-social-media-age-limit-
trial/video/3e7ab9ee2d4f29be68fc6cf2c748452
Act
c
Daily Telegraph
The Prime Minister will announce 16 as the
minimum age to access social media.
https://www.dailytelegraph.com.au/new
Development,
s/national/anthony-albanese-calls-time-
Information
on-social-media-harms-backs-raising-
minimum-age-to-16/news-
of
story/272445db8deab9c6ed7764767156
b52c
Regional
Freedom
the Transport,
under
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Document 11
s22(1)(a)(ii)
From:
VANDENBROEK, Sarah
Sent:
Thursday, 7 November 2024 12:41 PM
To:
s22(1)(a)(ii)
Arts
Subject:
Briefing note - Social Media Minimum Age Law - Design Principles.docx [SEC=OFFICIAL]
of
Attachments:
Briefing note - Social Media Minimum Age Law - Design Principles.docx
the
OFFICIAL
and
Hi s22(1)(a)
(ii)
Department
Attached is the briefing note we used for the mental health orgs and the platforms.
I’m proposing that we send it to Premiers’ and Chief Ministers’ Departments to assist with briefing for National
the
Cabinet tomorrow.
by
Thanks,
Sarah
1982 Communications
Act
OFFICIAL
Development,
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of
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Freedom
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Attachment to Document 11 (Page 184) removed in its entirety on the basis that it is a duplicate of
Attachment F to Document 9
Arts
of the
and
Department
the
by
1982 Communications
Act
Development,
Information
of
Regional
Freedom
the Transport,
under
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