Australia's proposed social media ban for under 16s debated

The Australian government's proposed legislation to ban social media access for individuals under 16 years old has prompted discussions on the implementation and effectiveness of such measures.

Iona Silverman, an IP Partner at Freeths, remarked on the complexities involved with age verification on social media platforms. "We know that children lie about their age on social media. Although age-checking technology is improving, there needs to be clarity about how the Government will implement any new online safety legislation, and what the sanctions for non-compliance will be. We're told that the Government will strengthen the powers of Ofcom, the regulator, to protect children, but it needs to go further: Ofcom will need power to levy substantial fines to ensure the legislation has any impact at all," she stated.

Silverman further addressed the ongoing debate regarding school policies on mobile phone use. "The Government has said that it won't make it mandatory for schools to ban children's access to their phones while at school. This will divide opinion, with parents saying schools should do more, and schools saying they don't all have the resource to implement a nationwide ban. Whatever your personal opinion, the consequence is that some schools will allow children to use their phones at school with little to no oversight," she explained.

She emphasised the broader challenges facing online safety measures. "Overall, the proposed changes are a drop in an ocean-sized problem."

"Once banned from social media (if indeed the ban is effective), teenagers will find a new way to access content which may be harmful. The Government needs to think bigger: this is a problem that requires a cultural shift, and also requires legislation to be one step ahead of, rather than behind, technology," Silverman concluded.

Mark Jones, a Partner at Payne Hicks Beach, shared his perspective on the matter. "It is widely accepted that the Online Safety Act failed to implement sensible measures to protect children online and whilst Ofcom looks at further restrictions, real pressure is building from parent lobbying groups seeking to influence the narrative," he said.

Jones stressed the need for solid solutions from policymakers. "Statements by politicians of their intention to protect children will only be credible if real and workable solutions are proposed and implemented. Australia has grasped the nettle and banned under 16s on social media and the UK must follow their lead. This is the only real and workable solution to make the online world safer for children," he remarked.

With the duties under the Online Safety Act set to be enforced next year, Jones warned about the urgency for social media platforms. "Time is running out for platforms before the duties under the Online Safety Act start to bite next year," he added.