The Australian Senate approved this Thursday a pioneering law which will prohibit the access of minors under 16 to social networks and will consider fines of up to around $32.1 million (or around €30.5 million) for platforms such as Facebook, Instagram or TikTok that violate it.
The text, which will come into force in 12 monthsreceived today the approval of the Senate with 34 votes in favor and 19 against, with the support of the opposition, a day after being approved by the House of Representatives (deputies) by 101-13. The measure will now return to the Lower House for final approval of a series of amendments before becoming law.
The law, which aims to protect children and adolescents from harassment and potential mental health problems, introduces a new category called “age-restricted social media platforms” to ban those under 16, including including those who already have an account, access to social networks.
In this sense Facebook, Instagram (both from Meta), Reddit, Snapchat, X and TikTok They have the responsibility to enforce the lawotherwise they face fines of up to 49.5 million Australian dollars (around 32.1 million dollars, or around 30.5 million euros, at the current exchange rate).
On the other hand, the law, which excludes low-risk platforms like YouTube, does not impose sanctions on users or parents who violate it, as the Australian Prime Minister, Labor Party Anthony Albanese, explained a few weeks ago , promoter of the measure. Necessary steps of platforms
Labor Senator Jenny McAllister explained during today’s debate that the government only wants digital platforms to take “the necessary measures” to ensure that under-16s do not open or have accounts on social networks, under penalty of “deliberately high” fines. “.
This regulation of digital platforms and social media to establish “reasonable measures” to restrict access to minors will be the responsibility of the Australian Electronic Safety Commission. The Green Party’s David Shoebridge stressed that the Australian government’s proposal is “deeply flawed” and “dangerous”, recalling that various mental health sectors, government agencies and human rights advocates have warned against the risks of its implementation.
Shoebridge stressed that the law will mainly affect vulnerable young people, like the LGTBIQ+ group in rural areas, who find support on social media, as well as the privacy of all users, including adults, according to the live broadcast. on the legislative portal. . For Amnesty International, this law “does not solve the fundamental problem that social media companies benefit from harmful content, addictive algorithms and surveillance (of users)”, according to a press release published today.
Meta, Google and X reviews
The bill arrived in the Australian Parliament on November 21, following requests from digital giants, such as Meta and Google, to allow time to complete technological tests commissioned by the Australian government for age verification which can include, among other things, biometric data.
X questioned the “legality” of the bill, saying it may not be consistent with international regulations and human rights treaties signed by Australia. With this law, Australia joins countries like Spain, which initially set the minimum age for opening a social media account at 14 and is in the process of raising it to 16, and others countries around the world like Puerto Rico and New York that have passed this law. similar measures.
Since February 2024, the European Commission has opened an investigation into TikTok into how it protects minors, following on from the complaints that seven French families filed against the platform when they claimed that their children had suffered harm as a result of its use. The Commission is examining algorithms, possible addictive aspects and measures taken by TikTok to mitigate potentially harmful content and could adopt a non-compliance decision which would result in a financial penalty of up to 6% of its annual turnover overall.
