Anthony Albanese and premiers to impose age limits on social media access

The PM will impose minimum age access to social media platforms before the election under sweeping laws inspired by Peter Malinauskas’s legislative push banning kids under 14 from setting up online accounts.

You can now listen to The Australian's articles. Give us your feedback.

You can now listen to The Australian's articles. Give us your feedback.

You can now listen to The Australian's articles.

Anthony Albanese will impose minimum age access to social media platforms before the election under sweeping laws inspired by Peter Malinauskas’s legislative push banning kids under 14 from setting up online accounts.

In response to a surge in doxing, deepfake pornography and online bullying among teenagers, the Prime Minister on Tuesday will commit to introducing world-leading legislation in the current term of parliament to protect children from digital harm.

A 276-page report by former High Court chief justice Robert French, released on the weekend, outlined a legislative vehicle banning social media for children under 14 and requiring social media companies to establish parental consent before allowing teenagers aged 14 and 15 to use their platforms.

Mr Malinauskas commissioned the report in May after concerns were raised by teachers, parents and experts about the negative impacts on mental health, wellbeing and development of young Australians accessing social media accounts such as TikTok, Instagram and Facebook.

The social media crackdown would likely rely on co-operation from tech giants that are based offshore and typically resistant to foreign government legislation.

Anthony Albanese with SA Premier Peter Malinauskas. Picture: NewsWire / Emma Brasier

Mr Albanese, who has not nominated what ages would be captured under the federal government’s proposed legislation, will draw on findings in the French Report and work with premiers and chief ministers to harmonise laws.

“We know that technology moves fast. No government is going to be able to protect every child from every threat – but we have to do all we can. Parents are worried sick about this. We know they’re working without a map – no generation has faced this challenge before,” Mr Albanese said.

“Which is why my message to Australian parents is we’ve got your back. We’re listening and determined to act to get this right.”

Under the proposed South Australian model, “severe punishment” and “heavy financial penalties” would apply if social media companies knowingly allow children access to their platforms. A regulator would be responsible for monitoring compliance and sanctioning social media platforms for breaches.

Mr Malinauskas, who led discussion on the social media crackdown in the national cabinet meeting last Friday, said “this is no different to cigarettes and alcohol”.

“When a product or service hurts children, governments must act. The evidence shows early access to addictive social media is causing our kids harm,” the South Australia Premier said.

“We will work closely with the commonwealth to implement this ban, which will be welcomed by parents across the country. As I’ve made clear, a national framework will work best to achieve this.”

The Albanese government will seek unified support from states and territories under a federal legislative plan designed to shield vulnerable younger teenagers from social media and other digital platforms. Victoria Premier Jacinta Allan on Monday announced she would follow Mr Malinauskas in introducing social media age limits.

Opposition Leader Peter Dutton has committed to lifting the minimum age of access to social media to 16 within the first 100 days of the Coalition taking office.

Mr Albanese – who in June said a total ban on under-16s from accessing social media is a “good way to go” – declared there was “nothing social about social media”, which was taking kids “away from real friends and real experiences”. “The safety and mental and physical health of our young people is paramount,” he said. “Parents want their kids off their phones and on the footy field. So do I. We are taking this action because enough is enough.”

In a stand-up broadcast on Facebook, Ms Allan said action must be taken against the tech giants because of the harms associated with juvenile use of social media.

“It’s like a social media tsunami. They feel they can’t stop,’’ the Victorian Premier said.

Ms Allan said that as a mother she was concerned because “it’s not a place for kids before they’re ready”. She said action would be targeted at tech giants and not teenagers.

The third stage of the Albanese government’s $6.5m social media assurance trials, which commenced on July 1, is focused on age-limit access to platforms for teenagers between 13 and 16-plus years, as well as technologies that could be effective in preventing pornography access by children under 18.

Results from the trials will inform Mr Albanese’s legislation, which would need to address workarounds and other technologies allowing teenagers backdoor access to designated social media and digital platforms. The third phase of the trial will “live-test” technologies that could be deployed to protect kids.

The government has floated other legislation to tackle online harms, including a duty of care under the Online Safety Act review, which is due next month. The review is aimed at ensuring eSafety Commissioner Julie Inman Grant has adequate powers to address new and emerging harms.

Ms Inman Grant, who has had funding quadrupled under the Albanese government, in June told The Australian “business disruption powers” could be used to restrict advertising revenue and siphoning of Australians’ personal data as punishment for tech companies that breach online safety rules.

The government also has legislation establishing new penalties for privacy violations including doxing, as well as creating and distributing deepfake pornography. The May budget included $6m for programs teaching students aged 10-14 how to balance using technology with negative impacts on mental wellbeing, relationships and physical health.