Premier Peter Malinauskas leads the South Australian government in proposing a bill to oversee children’s engagement with social media platforms. This proposed legislation aims to safeguard young individuals on the internet by restricting access to social media platforms for children under the age of 14. Only with a parent or guardian’s approval can individuals aged 14 and 15 access social media platforms. The legislation sparks a broader dialogue about online safety, arising from an extensive report by Robert French AC, the former Chief Justice of the High Court.

This legislative proposal highlights South Australia’s proactive stance on digital safety and presents significant implications for digital governance throughout the broader Australian public sector. The suggested measures will establish a framework at the state level that differs from national initiatives, especially those set forth by the Online Safety Act 2021 (OSA). 

Julie Inman Grant, the eSafety Commissioner, emphasised that “if states, such as South Australia, undertake reform separately, those legislative measures should support rather than conflict with the national regulatory framework already established under the OSA.” The OSA sets up strong protections against online threats, requiring social media platforms to develop enforceable guidelines that restrict access to harmful content, such as pornography and pro-terrorism material.

The South Australian bill mandates age verification systems to uphold these limitations. Robert French’s report highlighted the intricacy of these measures, recognising the technical and logistical hurdles to achieving precise age assurance. This perspective aligns with eSafety’s 2023 age verification roadmap, highlighting the challenges in developing efficient verification systems. The eSafety Commissioner highlights that age assurance is “critical to ensuring online safety for young users, but the challenges are not to be underestimated.”

South Australia proposes legislation to address the growing awareness that many young Australians face harmful online content. Research shows that “almost two-thirds of 14-17 year-olds have viewed potentially harmful content in the past year,” which highlights the pressing need for legislative action. 

The data presents a complex view of online engagement, showing that many adolescents benefit from the connectivity and educational resources social media offers. The proposed bill aims to balance the benefits it provides with the need to safeguard against threats such as cyberbullying, exposure to self-harm content, and online predation.

The implementation of state-level laws, such as those in South Australia, may lead to significant implications for the digital public sector in Australia. The implementation of the bill could necessitate modifications to current national policies, which may lead to potential conflicts between state and federal regulations. “Any new legislative measures must complement, not disrupt, the existing national framework,” eSafety stated. This underscores the significance of unified digital governance, particularly as the Australian government approaches the conclusion of its review of the OSA, with recommendations anticipated by the end of 2024.

Social media platforms must establish the required age verification mechanisms, as the legislation imposes considerable obligations on them. Many platforms limit access for underage users, and the proposed legislation may make these actions mandatory. This could create additional regulatory challenges for technology firms and complicate their ability to comply with both state and federal regulations. The eSafety Commissioner warns that the industry must establish sufficient safeguards, or the government may implement “mandatory standards.”

The proposed social media restrictions for children in South Australia play a key part in a broader initiative to enhance online safety. These initiatives will significantly influence their effectiveness by aligning with national policies, especially the OSA. As the dialogue surrounding the bill progresses, stakeholders from government, law enforcement, and the tech sector must collaborate. This collaboration ensures that legislative initiatives remain effective and unified, preventing regulatory fragmentation that could weaken Australia’s comprehensive digital governance approach.

Editors Publicspectrum

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