Social media companies could escape the Albanese government’s proposed age ban if they can demonstrate a “low risk of harm to children”, the communications minister, Michelle Rowland, has said.
Rowland will announce on Friday that the “likely” amendments to the Online Safety Act banning children from social media will “place the onus on platforms, not parents or young people” to enforce the ban.
In a speech to be delivered to the New South Wales and South Australian government social media conference, Rowland will say federal Labor is considering an “exemption framework to accommodate access for social media services that demonstrate a low risk of harm to children”.
“The aim is to create positive incentives for digital platforms to develop age-appropriate versions of their apps,” she will say.
The comments open the door to allowing children below the age threshold to continue to access social media, such as Meta’s new teen-friendly accounts on Instagram.
On Friday the eSafety commissioner, who will be responsible for enforcing the proposed ban, will release results of a social media survey finding a significant number of the 1,500 children aged eight to 12 who responded are spending time on digital platforms.
These include BeReal, Facebook Messenger, Facebook, Instagram, Reddit, Snapchat, Steam, Threads, TikTok, Twitch, X (formerly Twitter), YouTube, Discord, Signal, Pinterest, WhatsApp and Telegram.
In her speech, Rowland will say: “It will be incumbent on the platforms to demonstrate they are taking reasonable steps to ensure fundamental protections are in place at the source.
“Penalties for users will not feature in our legislative design.”
Rowland will say the government is “conscious of the harmful features in the design of platforms that drive addictive behaviours”.
“This is why we will set parameters to guide platforms in designing social media that allows connections, but not harms, to flourish.”
The changes will be implemented over a 12-month timeframe “to provide industry and the regulator time to implement systems and processes”, she will say, followed by a review to “ensure they are effective and delivering the outcomes Australians want”.
“Our strategic objective is clear: social media must exercise a social responsibility.”
In a statement Rowland said the changes were “about protecting young people, not punishing or isolating them or their parents”.
“I am conscious of the pressure on parents in trying to oversee when and how their children use social media. This reform will help signal a set of normative values that supports parents.”
The prime minister, Anthony Albanese, said the reforms were “about supporting parents and young Australians, who are deeply concerned about the harms that can come from using social media”.
“We understand this is challenging. But we are prepared to do the hard work required to deliver a safer online experience for our teenagers. It is too important not to try.”
In September, Albanese announced a national ban would be in place before the next election, after a push by the South Australian premier, Peter Malinauskas, gained support among other states and territories.
Last week the prime minister wrote to first ministers of the states and territories asking them for their views on at what age a social media ban should apply and whether to “grandfather” existing arrangements for current account holders.
This week more than 120 experts and academics and dozens of youth, mental health and legal organisations signed an open letter arguing that a ban “is too blunt an instrument to address risks effectively”.
The Australian Capital Territory chief minister, Andrew Barr, has said it “doesn’t make sense” to remove existing teenage users of social media from the platforms just a year or two before they regain access, suggesting the changes could be grandfathered or existing users migrated on to teen-suitable accounts.
At the summit the NSW premier, Chris Minns, clarified that people under the age of the legislated restriction who were already on social media would not be removed when the ban is introduced.
“You could have a situation where a 14-year-old today [has] access to social media, for example,” he said to reporters. “Someone that turns 14 the day after the legislation [is] introduced wouldn’t.”
Malinauskas said South Australia would support an age limit that was “nationally consistent”.
“We’ve regulated access to a whole range of products and services, alcohol, drugs, cigarettes.
“We do so in the knowledge that legislation is a blunt tool. It can arm not just young people but also parents, society writ large, with the tools that can allow us to implement a clearer path, a more positive definition of what healthy relationships can look like.”
