Department of Infrastructure, Transport, Regional Development, Communications, Sport and the Arts
Notes From Consultation Process For The Online Safety Amendment (social Media Minimum Age) Bill 2024 [provisions] Legislative Design Principles
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This document contains consultation notes on the legislative design principles for the Online Safety Amendment (Social Media Minimum Age) Bill 2024. The bill aims to amend the Online Safety Act 2021 to minimise harms to young Australians from social media by placing responsibility on platforms to prevent underage access. Key design elements include requiring platforms to demonstrate "reasonable steps" to prevent accounts by minors, with penalties for breaches and civil enforcement mechanisms. The regulated activity applies to age-restricted social media platforms while excluding instant messaging, online gaming, and education/health services. Consultation notes reference discussions with French advisors regarding the legal effect of compliance guidelines, enforcement flexibility through infringement notices and enforceable undertakings, and whether to establish compensation mechanisms. The notes indicate the Minister preferred regulatory remedies over private causes of action, with potential compensation orders directed to the Online Safety Account for research purposes.
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