Online privacy code for Big Tech

Social media giants will be ‘punished heavily’ if they don’t give primary consideration to the best interests of children when handling personal information under draft legislation.

Attorney-General Michaelia Cash. Picture: Martin Ollman

Social media giants will be ­“punished heavily” if they don’t give primary consideration to the best interests of children when handling personal information under draft legislation ­released by the Morrison ­government.

But critics of Big Tech have warned the social media media giants should not be involved in the drafting of the code, saying it had the potential to “dramatically reshape children’s experiences in the digital world for the better”.  The release of the Privacy Legislation Amendment (Enhancing Online Privacy and Other Measures) Bill 2021 by Attorney-General Michaelia Cash will enable the creation of an online privacy code for social media services, data brokers and other online platforms in Australia.

Digital entities like Twitter, Facebook, Instagram and TikTok will be required to comply with new privacy requirements. This includes stronger protections for children using social media, requiring social media platforms to take “all reasonable steps” to verify a users’ age, while giving primary consideration to the best interests of the child when handling children’s personal information.

Rys Farthing, director of data policy at Reset Australia – a lobby group dedicated to ‘‘countering digital threats to democracy’’ – warned that the proposed code should not be written by industry. If done correctly, the code could immensely improve children’s digital experience, he said.

“It would be appalling if Facebook or any industry representative bodies they work with were to have the first opportunity to draft the very code that is meant to protect children from them,” Mr Farthing said.

“Facebook has been caught red handed, knowingly serving harmful products to kids. It would be nothing short of irresponsible to allow them to draft this code.”

In response, Facebook director of public policy for Australia and New Zealand Mia Garlick said the company had been “actively calling for privacy regulation”, as it understood the importance of Australia’s privacy law evolving “at a comparable pace” to the rate of technological change.

“We have supported the development of international codes around young people’s data, like the UK Age Appropriate Design Code,” she said. “We’re reviewing the draft Bill and discussion paper released today, and look forward to working with the Australian government on this further.”

Tougher penalties and enforcement powers will also be introduced under the Bill, providing the Office of the Australian Information Commissioner, the country’s privacy regulator, to resolve matters more “effectively and efficiently”.

Ms Cash said this legislation would ensure Australians’ privacy was treated more carefully and transparently by online platforms such as social media companies.

“We know that Australians are wary about what personal information they give over to large tech companies. We are ensuring their data and privacy will be protected and handled with care,” she said.

“Our draft legislation means that these companies will be punished heavily if they don’t meet that standard.”

Citing survey findings which showed social media is the main contributor to deteriorating mental health in young people, Assistant Minister to the Prime Minister for Mental Health and Suicide Prevention David Coleman said the legislation would provide families with “powerful protections”.

“In Australia, even before the COVID-19 pandemic, there was a consistent increase in signs of distress and mental ill-health among young people. While the reasons for this are varied and complex, we know that social media is part of the problem,” Mr Coleman said.