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The Commission has made a submission to the Senate Standing Committees on Environment and Communications in response to the Online Safety Amendment (Social Media Minimum Age) Bill 2024 (Social Media Ban). The Bill proposes to restrict access to social media platforms for individuals under the age of 16.

The Commission supports efforts to protect children and young people from online harms. However, we hold serious concerns about the human rights implications of a blanket ban on social media access for under-16s. The proposed approach risks disproportionately limiting the rights of children and young people, particularly those from vulnerable or marginalised communities.

Human rights implications

The submission outlines a range of human rights that may be negatively impacted by the Social Media Ban. These include the rights to freedom of expression, access to information, education, health, privacy and participation in cultural and social life. The Commission emphasises that any limitation on rights must be lawful, necessary and proportionate. Where less restrictive alternatives exist, they should be preferred.

The Commission also highlights the importance of ensuring that children’s rights under the Convention on the Rights of the Child are upheld. This includes the obligation to consider the best interests of the child, to respect their evolving capacities and to ensure they have meaningful opportunities to be heard in decisions that affect them.

Alternative approaches

Rather than a blanket ban, the Commission recommends that the Australian Government consider more targeted and effective measures. 

These include introducing a statutory duty of care for social media companies to ensure their platforms are safe for children and young people, and strengthening digital literacy and online safety education through the national curriculum. Parents and educators should also be supported with tools and resources to guide children’s online engagement.

The Commission recommends that the Bill should not be passed in its current form. A more balanced and rights-respecting approach is needed to address the legitimate concerns around online safety while preserving the rights and freedoms of children and young people.