Australia’s landmark social media ban on under-16 children could set a global precedent.
In an ambitious attempt to rein in big tech companies, Australia recently passed a law that bans social media access for children below the age of 16.
The law was passed by the Australian Senate on Friday, November 29, with a vote of 34-19 after the country’s House of Representatives approved the first-of-its-kind legislation by 102 votes to 13 a day prior.
As per the legislation, social media companies are liable for fines up to 50 million Australian dollars (Rs 275 crore approx.) if they fail to prevent children under the age of 16 from holding accounts on their platforms.
Messaging apps, online gaming services, and platforms that are primarily used for health and education purposes are to be exempted from the ban. However, the law does not make an exception for age-restricted users who have the consent of their parents or carers.
Here’s a look at what other countries have been doing to regulate children’s access to social media.
India: While there are no specific legal restrictions on protecting children from online harm, India’s Digital Personal Data Protection Act, 2023, has a higher level of requirement than age verification for processing children’s data online. It requires data fiduciaries to collect “verifiable parental consent” from parents of children under the age of 18.
United States: The Children’s Online Privacy Protection Act (COPPA), enacted in 1998, requires parental consent for websites to collect personal information from children under 13. Many companies responded by blocking access for this age group, leading to widespread age fraud. The Children’s Internet Protection Act (CIPA) of 2000 restricted access to inappropriate content in schools and libraries, but critics argued it was a limited solution since children could still access all online content outside these settings, often blocking useful information.
United Kingdom: The UK has no current plans for Australia-style restrictions. But digital minister Peter Kyle has said that everything is on the table when it comes to keeping people safe online and has launched a study to explore the impact of smartphone and social media use specifically on children.
He said that regulator Ofcom must have regard to government priorities such as safety by design and transparency and accountability, as they enforce the Online Safety Act from next year.
The act, which sets tougher standards for social media platforms such as Facebook, YouTube and TikTok – including on appropriate age restrictions – was passed in 2023 by the previous government.
European Union (EU): In the European Union, parental consent is required for the processing of personal data for children under the age of 16, though the bloc’s 27 member states can lower that limit to 13.
Norway: The Norwegian government last month proposed raising the age at which children can consent to the terms required to use social media to 15 years from 13 years currently, although parents would still be permitted to sign off on their behalf if they are under the age limit.
The centre-left government also said it had begun work on legislation to set an absolute legal minimum age limit for social media use, but it was not immediately clear when a law mandating this may reach parliament. Half of Norway’s nine-year-olds use some form of social media, according to the government.
France: In 2023, France passed a law requiring social platforms to obtain parental consent for minors under 15 to create accounts. However, local media say technical challenges mean it has not yet enforced.
In April, a panel commissioned by President Emmanuel Macron recommended stricter rules, including banning cellphones for children under 11 and internet-enabled phones for those under 13. It is unclear when new legislation could be adopted and to what extent it would follow the experts’ recommendations.
Germany: Officially, minors between the ages of 13 and 16 are allowed to use social media in Germany only if their parents give consent. There are currently no plans to go further. However, child protection advocates say controls are insufficient and call for existing rules to be better implemented.
Belgium: In 2018, Belgium enacted a law requiring children to be at least 13 years old to create a social media account without parental permission.
Netherlands: While the Netherlands doesn’t have any laws regarding a minimum age for social media use, the government did ban mobile devices in classrooms from January 2024 to reduce distractions. Exceptions apply for digital lessons, medical needs or disabilities.
Italy: In Italy, children under the age of 14 need parental consent to sign up for social media accounts, while no consent is required from that age upwards.
China: Last year, China’s cyberspace regulator said children under the age of 18 should be limited to a maximum of two hours a day on their smartphones. The Cyberspace Administration of China (CAC) said it wanted providers of smart devices to introduce so-called minor mode programmes that would bar users under 18 from accessing the internet on mobile devices from 10 pm to 6 am.
Article Credit: indianexpress