Joint committee stops short of recommending social media age ban

social media ban

The Joint Select Committee on Social Media and Australian Society has made 12 recommendations in its final report tabled on Monday, none of which supported the recently announced proposal to introduce a minimum age requirement to access social media platforms.

The inquiry received 220 submissions and held 10 public hearings, with polarising perspectives emerging both in support of and against the social media ban.

The committee confirmed its recommendations revolved more around a “safety by design” approach, which encouraged digital platforms to take more responsibility in monitoring the content that can be accessed on their social media applications, rather than placing the onus on users to comply with an age ban.

This can be done via content moderation and “active oversight” that users are able to access in real time. Concerns were also raised about the privacy issues that may result from the use of age assurance or verification technology to enforce the ban.

“This report addresses both the need for immediate action, and the need for a sustained digital reform agenda.

“The report supports protecting Australians through a statutory duty of care by digital platforms, education support and digital competency, greater protections of personal information, independent research, data gathering and reporting, and giving users greater control over what they see on social media.

“This report puts Big Tech on notice—social media companies are not immune from the need to have a social licence to operate. The Committee strongly supports the 12 recommendations in this report, and the 11 recommendations of the second interim report.

“Taken together, they address the complexity of the problem, recognise the value of both social media and public interest journalism in Australian society, and work to keep Australians safe online.”

The report also emphasised the importance of investing in education as a tool to reduce the access and exposure to harmful online material, increasing awareness not just among young users but also their parents and guardians as well as regulators and lawmakers.

“Many of those who opposed banning young people from social media expressed that view on the basis that there were more effective mechanisms that could enhance their safety in the online environment,” the report said.

“Others emphasised that working with young people is essential to protecting them, and to ensuring that social media platforms are designed with safety at their core.

“Education as a crucial step in informing users, parents and carers in how to navigate the complexities of the online environment was cited by the majority of submitters.

“The engagement of young people in the design of education programs to minimise harm, and maximise the positive outcomes of social media was also broadly commended.”

The Commonwealth, with support from the Opposition, said it intended to introduce legislation to Federal Parliament before the end of the year, with plans to conduct a trial of age assurance technology to guide the logistics and enforceability of the ban commencing soon.

eSafety Commissioner, Julie Inman-Grant, also avoided voicing clear support for the government’s proposed social media ban, echoing the importance of “safety by design as a fundamental tenet”.

“We must continue ensuring that the platforms and services Australians are using today and tomorrow are safer and that companies that profit from them are increasingly transparent and accountable,” she said in a statement after the ban was announced earlier this month.

“Even with minimum age restrictions in place, it is crucial that we continue supporting parents to play an active role in their children’s online lives. Nothing can replace those vital conversations that help parents stay informed, set boundaries and help when something goes wrong.

“It is also important that we continue supporting the positive experiences young people can have online by working to build their digital literacy and resilience. That means teaching the four Rs of the digital age – respect, resilience, responsibility and reasoning – so young people are prepared for the online environment they will inevitably inhabit.

“Prevention and education have always been a foundation stone of eSafety’s work and will remain so.”

The 12 recommendations made by the committee in its final report included:

  1. The committee recommends that the Australian Government consider options for greater enforceability of Australian laws for social media platforms, including amending regulation and legislation, to effectively bring digital platforms under Australian jurisdiction.
  2. The committee recommends that the Australian Government introduce a single and overarching statutory duty of care onto digital platforms for the wellbeing of their Australian users, and requires digital platforms to implement diligent risk assessments and risk mitigation plans to make their systems and processes safe for all Australians.
  3. The committee recommends that the Australian Government introduce legislative provisions to enable  effective, mandatory data access for independent researchers and public interest organisations, and an auditing
    process by appropriate regulators.
  4. The committee recommends that the Australian Government, as part of its regulatory framework, ensures that social media platforms introduce measures that allow users greater control over what user-generated content and paid content they see by having the ability to alter, reset, or turn off their personal algorithms and recommender systems.
  5. The committee recommends that the Australian Government prioritise proposals from the Privacy Act review relating to greater protections for the personal information of Australians and children, including as part of its suite of ongoing privacy reforms, such as the Children’s Online Privacy Code.
  6. The committee recommends that any features of the Australian Government’s regulatory framework that will affect young people be codesigned with young people.
  7. The committee recommends that the Australian Government support research and data gathering regarding the impact of social media on health and wellbeing to build upon the evidence base for policy development.
  8. The committee recommends that one of the roles of the previously recommended Digital Affairs Ministry should be to develop, coordinate and manage funding allocated for education to enhance digital competency and online safety skills.
  9. The committee recommends that the Australian Government reports to both Houses of Parliament the results of its age assurance trial.
  10. The committee recommends that industry be required to incorporate safety by design principles in all current and future platform technology.
  11. The committee recommends that the Australian Government introduce legislative provisions requiring social media platforms to have a transparent complaints mechanism that incorporates a right of appeal process for complainants that is robust and fair.
  12. The committee recommends that the Australian Government ensures adequate resourcing for the Office of the eSafety Commissioner to discharge its evolving functions.