On 29 November 2024, the Australian government passed the Online Safety Amendment (Social Media Minimum Age) Bill 2024 (Cth). This legislation places new responsibilities on social media platforms to protect children by preventing users under 16 years old from creating accounts on age-restricted platforms.
Key Provisions of the Bill
Age Restriction Enforcement: Platforms must take reasonable steps to ensure users under 16 cannot access their services. Alternatives to government issues ID, such as Digital ID, must be provided for age verification.
Privacy Protections: Platforms are required to securely store any personal data collected for age verification and delete it when no longer necessary. This data cannot be used for other purposes without consent.
Compliance Deadline: Platforms have 12 months to implement these systems, with full enforcement expected by the end of 2025.
Who Does This Apply To?
The legislation applies to platforms that:
enable social interaction between users.
allow users to connect or interact with others.
let users post content for social purposes.
If your platform fits these criteria, you must comply with the new age restrictions within 12 months.
Key Obligation for Platforms
Take reasonable steps to prevent users under 16 from accessing the platform.
Avoid requiring government issued ID unless alternatives are offered.
Implement and maintain strong privacy protections for data collected during the verification process.
Penalties for Non-Compliance
Non-compliance could result in individual penalties of up to $9.9 million and $49.5 million for companies.
How this affects your Business
If your business interacts with younger audiences through social media, this law may require you to adapt marketing strategies or explore alternative platforms. Social media provides will need to update their systems to enforce these restrictions and avoid substantial penalties.
HOW GIBSON MACNEILL LAWYERS CAN ASSIST
Our team is ready to assist you in understanding and complying with these changes. We can help with:
creating or reviewing your current social media policies and advising on compliance;
assessing the impact of these regulations on your advertising and marketing strategies; and
resolving disputes related to intellectual property, defamation and other social media issues.
If you have any questions or would like assistance navigating these new laws, please don’t hesitate to reach out to the team at Gibson MacNeill Lawyers for tailored legal advice.
Scott MacNeill – Managing Director
Gibson MacNeill Lawyer
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