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Legislation to reinforce data protection standards

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The Albanese Government will introduce legislation to set 16 as the minimum age for social media access.

This move follows endorsement by the National Cabinet.

The decision follows extensive consultation with young people, parents and carers, academics and child development experts, community, industry and civil organisations, First Nations youth, and state and territory governments.

The Albanese Government will introduce legislation in the next Parliamentary sitting fortnight.

The Bill puts the onus on social media platforms, not parents or young people, to take reasonable steps to ensure fundamental protections are in place.

“Social media is doing social harm to our kids. I’m calling time on it,” says Prime Minister Anthony Albanese.

“We need to do everything we can to keep our kids safe, and wherever I go in Australia, I know one of the biggest issues worrying mums and dads is the impact social media is having on their children’s well being.”

“I want Australian parents and families to know we’ve got their backs.”

The Government will continue to work closely with stakeholders in the lead up to the commencement of the law, with a lead time of at least 12 months following the Bill’s passage to give industry, governments and the eSafety Commissioner time to implement systems and processes.

“In the next Parliamentary fortnight we will introduce legislation into the Parliament to make 16 the minimum age to access social media,” he adds.

“I want to thank the Premiers and Chief Ministers for their engagement and support on this issue.”

“This is a national challenge that requires national leadership. That’s what our Government is stepping up to deliver.”

The government will also use this time to develop guidance for parents, carers and children ahead of the change.

The Bill builds upon the Australian Government’s work to address online harms for young people, including the $6.5 million age assurance trial, establishing an online dating apps code, legislating new criminal penalties for non-consensual sexual deepfakes, and quadrupling base funding for the eSafety Commissioner.

“Introducing a minimum age for social media access is about protecting young people – not punishing or isolating them – and letting parents know that we are in their corner when it comes to supporting their children’s health and well being,” comments Minister for Communications Michelle Rowland MP.

“Our decision to set the minimum age at 16 years is based on extensive consultation with experts, parents and young people. It strikes a balance between minimising harms experienced by young people during a critical period of development.”

The Government will ensure young Australians retain access to services that primarily provide education and health services, and work constructively with stakeholders to ensure that only services which meet the strict criteria under eSafety’s powers are able to be accessed by children under 16.

“Social media has a social responsibility for the safety of their users, and this legislation is one way they’re being held to account – with significant penalties for any breaches.”

“This measure is a key component of our work across the online safety space and will enable young people to use the internet in a safer and more positive way,” she concludes.

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