Australian social media regulation finally pivots to implementation

The Online Safety Amendment Bill 2024 mandates age assurance for social media platforms with a 12-month implementation window.

David Kennedy · Venture Insights29 November 2024Period: November 20244 min read

$49.5 million→

Maximum penalty for corporate bodies (150,000 penalty units)

16→

Legislated minimum age for social media access

Locked

Companies covered:

Abstract

This report analyses the passage of the Online Safety Amendment (Social Media Minimum Age) Bill 2024, a landmark piece of legislation requiring social media platforms to take reasonable steps to prevent users under 16 from holding accounts. While the Misinformation Bill failed to pass the Senate, the age-limit legislation secured bipartisan support. The report examines the 12-month implementation timeline, the role of the ongoing age assurance trials, and the significant financial penalties of up to $49.5 million for corporate breaches.

Key Takeaways

The Online Safety Amendment Bill 2024 has passed into law, establishing a world-first age limit of 16 for social media use.
Corporate entities face maximum civil penalties of $49.5 million for failing to take reasonable steps to prevent underage access.
A 12-month implementation window is provided before the law commences to allow for the development of age assurance technologies.

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Frequently Asked Questions

Corporate entities face maximum civil penalties of $49.5 million for failing to take reasonable steps to prevent access. Non-corporate entities are subject to fines of up to $9.9 million under the new enforcement framework.

The legislation provides a 12-month deferred commencement window before the law becomes enforceable. This period is designed for platforms to adopt technologies validated by the ongoing federal age assurance trials.

The mandate specifically excludes messaging apps, online gaming, and health or education services from the age-16 limit. However, the Minister for Communications retains the power to adjust platform definitions through disallowable regulations.

Compliance will be guided by a federal trial currently assessing age estimation and inference methods. Platforms must move beyond simple self-declaration to meet the legislated standard for the under-16 ban.

Australian social media regulation finally pivots to implementation

Abstract

Key Takeaways

Frequently Asked Questions

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