Social media companies will be required to take "reasonable steps", such as deactivating underage accounts, to comply with Australia's under-16 social media ban, but they won't be compelled to verify the age of all users.
Communications Minister Anika Wells and eSafety Commissioner Julie Inman Grant on Tuesday unveiled guidance for platforms to comply with the social media age restrictions that are set to come into effect on 10 December.
Under the guidelines, they must take certain "reasonable steps" through a "multilayered waterfall approach" to prevent children under 16 from holding accounts on their services.
Failure to do so could attract fines of up to $49.5 million.
Minister for Communications Anika Wells said platforms have the information they need to comply with the new laws. Source: AAP / Mick Tsikas
"The government has done the work to ensure that platforms have the information they need to comply with the new laws — and it's now on them to take the necessary steps."
What steps are expected from platforms?
The guidance sets out examples of "reasonable steps" companies must take to comply with the age restrictions.
These include detecting and deactivating existing underage accounts and preventing circumvention by users who have had their accounts deactivated or removed.
Platforms should take what Inman Grant called a "multilayered waterfall approach" to age assurance to minimise "friction" with users and provide "accessible review mechanisms" for those who believe they've been wrongly flagged.
"Our principles-based guidance recognises that there is no one-size-fits-all solution for industry, given the diversity of platforms and technology and to help technology companies meet their obligations in a way that is effective, privacy-preserving and fair," Inman Grant said.
Under the new guidance, platforms will not be required to use specific technologies, including those tested in the recent age assurance trial.
A report released by the government earlier this month argued age assurance technology can be implemented "efficiently and effectively" but noted these methods have a margin of error.
Inman Grant said most age-restricted social media platforms have already developed their own tools around age assurance, while the trial offers some additional options.
The guidelines also forbid relying solely on user age declarations and mandate that platforms continuously monitor and improve systems over time.
Unexpected guideline inclusions
Social media platforms will not be required to verify the age of all users, with blanket age verification considered "unreasonable".
Platforms cannot compel users to provide government ID as the sole method to prove their age online, and must always offer reasonable alternatives.
They are also not expected to keep personal information from individual age checks, with record-taking to focus on systems and processes.
The guidance was developed by eSafety in consultation with industry and community stakeholders and informed by "broad" evidence including the age assurance trial, the government said.
When will the ban come into effect?
The law will come into effect from 10 December this year.
Inman Grant said companies should first focus on deactivating or removing accounts of under-16s, and making user reporting available.
"We also recognise that preventing future under-16s from joining platforms will take longer and be more complex," she said.
Wells said social media companies will have had 12 months' notice to comply with Australian law, "as we expect any company who conducts their business on these shores to do".
When it comes to enforcement, Inman Grant said authorities would first engage informally with platforms to raise any concerns.
"There are, of course, certain companies that aren't willing to engage, or will be likely to move to judicial review or a lawsuit. We need to be prepared for that as well," she said.
"But in most cases, these companies want to operate in Australia and they respect Australian law."
eSafety Commissioner Julie Inman Grant said the guidance encourages platforms to work collaboratively with eSafety to ensure compliance. Source: AAP / Mick Tsikas
Which platforms are included?
The government has previously said that age-restricted social media platforms will include Facebook, Instagram, Snapchat, TikTok, X and YouTube, among other platforms.
When the legislation was passed by parliament last November, YouTube was one of a handful of platforms listed as exempt because they were "out of scope" of the policy.
However, Inman Grant later wrote to Wells, making a formal recommendation that YouTube be included among the banned platforms.
Online gaming, messaging apps, health and education services won't be included.
A 'monumental event' for children
Inman Grant acknowledged the upcoming ban will be a "monumental event" for a lot of children.
"A lot of children welcome this, as certainly parents do. But we know this will be difficult for kids," she said.
However, she said companies around the world are moving towards age assurance technology, including online gaming site Roblox and dating app Tinder.
"All of this is creating an ecosystem that suggests this is the way the world is going."
