Australia’s Social Media and Online Overhaul: Explainer

By: Mike Crooks

Call it an overhaul of Australia’s online world.

As a social media ban for children sets to become a pioneering reality, the Australian government is also ushering in a new “Digital Duty of Care”.

It’s all part of an online revamp designed to protect both children and adults in the cyber realm.

The proposed Digital Duty of Care, which was announced last week, will force companies behind digital platforms such as Instagram and TikTok to proactively keep Australians safe as they use the technology.

Communications minister Michelle Rowland said that online services can do more to protect their users.

“The duty of care will put the onus on industry to prevent online harms at a systemic level, instead of individuals having to ‘enter at their own risk,’ ” the minister said.

Tech giants on notice

The online overhaul is not just a government-led issue. The duty of care model was a key recommendation of this year’s independent statutory review of the Online Safety Act.

The duty will future proof the act, “and put the legal responsibility for keeping Australians safe on tech companies,” read a statement.

“It will ensure Australians continue to benefit from world-leading online safety protections under the act.”

The proposed Digital Duty of Care will force companies behind digital platforms such as Instagram and TikTok to proactively keep Australians safe.

“Reasonable steps”

The Online Duty of Care is likely to be brought before parliament next year at some point before the election.

Through the duty, digital platforms “will be required to take reasonable steps to prevent foreseeable harms on their platforms and services,” read a statement.

Such harms include financial loses through scams that target Facebook users. These types of scams, including those that use unauthorised images of celebrities, were examined during a global fraud summit in London earlier this year.

“Here’s a message to [Facebook owner] Meta in particular, which is responsible for about 80 per cent of the losses. ‘You’re not above the law’,” said Financial Affairs minister Stephen Jones at the summit.

Controversial ban

Before the duty goes ahead, new laws will be introduced that will restrict children under 16 from using social media.

In what is set to become law within weeks, kids under 16 will be banned from accessing social media.

Prime Minister Anthony Albanese said that the proposed laws, are “for the mums and dads,” he said. “They, like me, are worried sick about the safety of our kids online.

“I want Australian families to know that the government has your back.”

New laws will be introduced that will restrict children under 16 from using social media.

What platforms will be banned?

Social media platforms such as Meta’s Facebook and Instagram, Elon Musk’s X, and TikTok will be banned for those who are under 16.

Though it is believed YouTube will also be banned, Minister Rowland said YouTube Kids was a “probable candidate” for exemption.

It is not yet clear whether Snapchat will fall under the umbrella term of social media.

“We think there will be some, of course, exclusions and exemptions as well for this, to make sure that there aren’t unintended consequences — but we think this is absolutely the right thing,” the Prime Minister said.

Why are they being banned?

Because of the well-documented harm social media is causing to young people, and the risks and predatory dangers it poses.

“As a mother of two young daughters, I understand this personally,” minister Rowland said.

“I want to say to parents … when it comes to protecting children from the harms caused by content or addictive behaviours as a result of social media, we are on your side.”

The Prime Minister said that social media “is doing harm to our kids and I’m calling time on it.”

He has cited the well-documented risks that social media poses to both the physical and mental health of children.

These risks include harmful depictions of body image, and misogynistic content.

“If you’re a 14-year-old kid getting this stuff, at a time where you’re going through life’s changes and maturing, it can be a really difficult time and what we’re doing is listening and then acting,” Mr Albanese said.

The Prime Minister said that social media “is doing harm to our kids and I’m calling time on it.”

Will the ban affect kids already on social media?

Absolutely. Prime Minister Albanese said last week that young people who already have established accounts will not be exempt from the legislation.

And as with all laws, “parental consent” will not bypass the new social media laws (the same way that parental consent does not permit someone to park their car illegally).

What do the social media giants say?

Antigone Davis, Meta’s global head of safety, has put the onus on Apple and Google.

He said that the two tech giants should be accountable for who is allowed to download apps from their stores.

“Parents should be able to approve their teens’ app downloads, and we support legislation that requires app stores to get parents’ approval whenever a teen under 16 downloads an app,” Mr Davis said earlier this year.

The government disagrees, pushing to make social media companies accountable for the harm their apps are producing.

What are other nations doing?

Though age restrictions have been attempted in other countries, Australia is a pioneer on this front, and the government’s proposed legislation is making headlines around the globe.

“This is world-leading legislation, and we want to make sure we’ve got it right,” Mr Albanese said.

“This is world-leading legislation, and we want to make sure we’ve got it right,” Mr Albanese said.

Is anyone against it?

Some experts have expressed concern that the ban will remove an important communication tool for children, including marginalised children who rely solely on social media to connect with others.

Early childhood educator Barbara De Lima Rocha told the ABC she has seen the benefits of children being exposed to social media. She added that online games have helped autistic children practice social skills.

“The online word takes off all the pressure of being face-to-face with someone and getting all kinds of reactions or unexpected situations,” Ms De Lima Rocha said.

The Australian Child Task Force, which includes notable academics from across the country, have asked the government to not impose the ban.

“The UN Committee on the Rights of the Child states that ‘national policies should be aimed at providing children with the opportunity to benefit from engaging with the digital environment and ensuring their safe access to it,” the group wrote in an open letter.

For more information on the social media ban visit here.


Article supplied with thanks to Hope Media.

Feature image: Photo by Nik on Unsplash

About the author: Michael Crooks is a senior journalist and former news editor of Who magazine. His work has appeared in People, Marie Claire, The Daily Telegraph, Herald Sun, news.com.au, Qantas magazine and more.