Snapchat may dodge social media ban on technicality

A popular digital platform mostly used by young Australians may be able to dodge proposed age restrictions, but a school principal says it needs to be included.

A high school principal of more than 30 years says Snapchat, the popular digital platform mostly used by young Australians, must be one of the apps facing age restrictions.

Snapchat may be able to dodge the Albanese government’s plan to ban social media for kids under 16.

Snapchat lets users exchange photos, videos and messages rather than offering a posting board-type feature, such as Facebook, Instagram or X.

Communications Minister Michelle Rowland confirmed on Thursday that Snapchat could get around the age restrictions if it successfully argued it was a messaging service rather than a social media platform.

But Queensland Catholic Secondary Principals Association director Dan McMahon said Snapchat should not be allowed to skirt the ban.

“I’ve gotta say I’m a bit gobsmacked by that, I find that extraordinary,” Mr McMahon told ACA on Thursday.

Queensland Catholic Secondary Principals Association director Dan McMahon has told Ally Langdon on ACA Snapchat should not be excluded from the social media plans to enforce age restrictions. Picture: Supplied

“Of all the social media platforms that I deal with ... Snapchat is one of the most common ones.

“Not everyone on Snapchat is an online bully, but in my experience every online bully uses Snapchat.

“It’s just such a great tool to weaponise harm.”

He said several of his students’ lives had been lost after enduring online bullying.

The Albanese government is set to introduce legislation for the social media age ban next week when parliament resumes sitting. The legislation will create a new definition of social media.

While Ms Rowland couldn’t confirm whether Snapchat would be included in the ban, she said the new definition would be “broad and robust”.

“The new definition will capture a range of services that have features that are considered harmful for young people,” she said.

“The definition will be deliberately broad and robust, to reflect the diverse range of services typically considered by the community to be social media.”

Snapchat could skirt new legislation to enforce age restrictions on social media. Picture: NewsWire / Aaron Francis

Pressed on the logic of banning some platforms and not others, she said some platforms may “present themselves in different ways”.

In those instances she said the apps would be assessed “objectively against a transparent set of criteria”.

Experts, parents, young people and social media companies themselves will also be consulted to determine what platforms, deemed non-social media services, will be covered under the exemptions framework, she added.

Opposition communications spokesman David Coleman has called on Ms Rowland to close any possible loopholes, saying the Coalition backed the Albanese government’s social media ban but “we don’t support them going weak on exemptions.”

Communications Minister Michelle Rowland said the Albanese government stood ‘on the side of millions of concerned parents’. Picture: NewsWire/ Martin Ollman

“For many Australian families, Snapchat has had a devastating impact on their children,” Mr Coleman said.

“The idea of having social media age limits without those limits applying to Snapchat is outrageous. It is extraordinary that the Minister is saying that Snapchat could be exempted from the laws.

“The Minister must rule out exemptions for Snapchat today.”

‘Digital duty of care’

Digital giants including Meta, Google and TikTok could soon be bound by a digital duty of care aimed at preventing the negative mental health impacts posed by social media.

The Albanese government will develop and legislate the new regulations, which will be modelled on similar provisions passed in the UK and European Union.

Under the proposed legislation, social media companies will be obligated to continually and proactively monitor their platforms for risks and take reasonable steps to prevent foreseeable harms.

While the legislation has yet to be finalised, it could include provisions that will force platforms to identify and circumvent harms related to mental health, young people. problematic internet usage and algorithms.

Ms Rowland made the announcement in a major address to The Sydney Institute on Wednesday night, stating the code would enforce platforms to pivot to preventing harm.

The new law will put the onus of social media companies to ensure they are proactively monitoring platforms for harmful practices. Picture: NewsWire/ Nikki Short

“A duty of care is a common law concept and statutory obligation that places a legal obligation to take reasonable steps to protect others from harm. It is a proven, workable and flexible model,” she said.

“This, as part of a growing global effort, will deliver a more systemic and preventive approach to making online services safer and healthier.

“Where platforms seriously and systemically breach their duty of care we will ensure the regulator can draw on strong penalty arrangements.”

Ms Rowland said while laws contained in the Online Safety Act focused on removing illegal content on a case-by-case basis, the new laws incentivised companies to create “safer (and) healthier” digital platforms.

“To my mind, what’s required is a shift away from reacting to harms by relying on content regulation alone and moving towards systems-based prevention, accompanied by a broadening of our perspective of what online harms are,” she said.

“The Albanese government is clear about where it stands – on the side of millions of concerned parents, children and citizens at large”.

Wednesday’s announcement follows the Albanese government’s announcement it will legislate 16 years of age as the minimum age for social media use, with the large-scale policy receiving bipartisan support to pass parliament in the final two sitting weeks of the year.

The proposed laws, which have been approved by all state and territory leaders, will force platforms to enforce the age limit or risk significant penalties.

Originally published as Snapchat may dodge social media ban on technicality