AUSTRALIA | The Australian Government has proposed laws to introduce a minimum age for access to social media.
The proposed laws will require technology companies to restrict individuals under 16 from accessing social media platforms. At this stage, the details have yet to be finalised, and it is unclear how social media will be defined and whether there will be exemptions to allow continued access to specific platforms or content.
Given the potential for these laws to significantly interfere with children's and young people's rights, the Commission has serious reservations about the proposed social media ban. The ban has been designed to protect children and young people from online harm and social media's negative impact on their well-being.
This aim was consistent with the requirement in Article 17 of the Convention on the Rights of the Child (CRC) to encourage the development of appropriate guidelines to protect children from information and material that harms their well-being and Article 19 of the CRC that requires Governments to take measures to protection children from violence, abuse and maltreatment.
However, such a social media ban will likely have adverse human rights impacts on children and young people.
Where rights are limited to protect children from online harms, any limitations must be lawful, necessary, and proportionate. This means using the least restrictive option available to achieve the intended purpose. If less restrictive options are available to protect children from harm, they should be preferred over a blanket ban.
The UN Committee on the Rights of the Child has noted that content moderation and content controls should not restrict children’s access to information in the digital environment; they should be used only to prevent the flow of harmful material to children.
The proposed social media ban will affect various human rights in international human rights treaties, such as the International Covenant on Civil and Political Rights (ICCPR), the International Covenant on Economic, Social and Cultural Rights (ICESCR) and the CRC.
Some of the fundamental rights that the social media ban will impact include:
- Freedom of expression and access to information (Article 19 ICCPR; Article 13 CRC);
- Freedom of association and peaceful assembly (Article 22 ICCPR; Article 15 CRC);
- The right to education and development (Articles 28 and 29 CRC);
- The right to culture, leisure and play (Article 13, ICESCR, Article 31 CRC);
- The right to the highest attainable standard of health, including through access to relevant information (Article 12, ICESCR, Article 24, CRC)
- The right to privacy (Article 17 ICCPR; Article 16 CRC).
Some key reasons to consider introducing a social media ban for under-16s in Australia include protection from harm, promoting healthy development, addressing online privacy concerns, and supporting parents.
At the same time, reasons against a social media ban include the Right to Freedom of Expression and Access to Information, inclusion and participation and privacy risks.
The Australian Human Rights Commission does not believe that a blanket ban on social media for under-16s is the correct response. It has developed a Child Rights Impact Assessment (CRIA) tool to assess the impact of proposed laws on children’s human rights.
Based on currently available information, the Australian Human Rights Commission has serious reservations about the proposed social media ban for children under 16.
