C’is one of the strictest measures in the world in this area. On Thursday, November 28, the Australian Parliament approved legislation that prohibits access to social networks to people under the age of 16. This is an amendment to the Online Safety Act 2021. This ban, which will not take effect for twelve months, raises the question: will it be followed by concrete effects or will it remain symbolic?
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Prime Minister Anthony Albanese, who defended this measure, justifies it by speaking of social networks as platforms “promoting social pressure, a source of anxiety, a channel for scammers and, worst of all, a tool for predators online,” reports Agence France-Presse (AFP). However, the text does not currently specify which platforms will be targeted.
ALSO READ How teenagers judge social networksAt most, it is mentioned, in a summary of the text of the law, that it will concern “services which are generally accepted as social media and services which concern many parents the most. This will include, at a minimum, TikTok, Facebook, Snapchat, Reddit, Instagram,
A ban that can be easily circumvented?
Michelle Rowland, Minister of Communications, agreed, stating that the ban would include Snapchat, TikTok, Facebook, Instagram and euros will apply. Certain platforms such as WhatsApp or YouTube, considered essential for adolescents for their homework, should be spared. However, YouTube is not exempt from criticism, particularly regarding the moderation of its content.
ALSO READ Surprise, young people are not so poorly informedFurthermore, the concrete implementation of the law remains unclear at this time. According to the BBC, the government will rely on age verification technology. Amendments excluded the requirement for users to provide ID and options are expected to be tested in the coming months.
Computer researchers are questioning the viability of this technology. They believe that the restrictions could easily be circumvented with a VPN (Virtual Private Network). It allows a user, beyond hiding an IP address, to connect to a server abroad. And therefore to escape the restrictions in your own country.
Google, Snapchat, Meta, Tiktok and
These grievances have already been addressed by the platforms that will be concerned. Google and Snapchat have criticized legislation that does not provide enough details, while Meta (Facebook's parent company) already considers it “ineffective” and considers that “the sector is already doing to ensure age-appropriate experiences “.
For TikTok, which said it was “disappointed”, the definition of a platform given by Parliament is “so broad and vague” that “almost all online services could be affected”. Finally, X asserts that the text may not be consistent with international regulations and human rights treaties signed by Australia.
ALSO READ Surprise, young people are not so poorly informed“We are not saying that its implementation will be perfect […]but we know it is the right thing to do,” replied the Prime Minister. The law will not make “social networks safer for young people”, said Australian environmentalist Sarah Hanson-Young during the debate in the Senate, saying she was “devastated” to see young people “addicted to these dangerous algorithms”.
And in France?
Countries have already put measures in place. In France, a law passed in June 2023 established a “digital majority” at 15 years old. The text does not prohibit access but imposes the obligation for platforms to verify the age of their users, and parental consent for those under 15 years old.
The bill on securing the digital space, examined in the National Assembly in 2023, contained an amendment on the ban on VPNs in the use of social networks. Subject to controversy, it had been withdrawn, but it clearly illustrates to what extent the problem posed by these VPNs is real and known.
ALSO READ Disinformation: “The power of social networks in the battle for public opinion worries many countries”In the US state of Florida, a law is due to come into force in January to prohibit the opening of an account to those under 14, but the practical arrangements have not been set. However, in Utah, a law requiring platforms to verify the age of users and impose restrictions on minors' accounts was blocked by a federal judge in September, who ruled it unconstitutional.
To Discover
Kangaroo of the day
Answer
“Even well-intentioned legislation that regulates speech on the basis of content must meet an extremely high standard of constitutional scrutiny. » Reference to the First Amendment which prohibits states from passing laws limiting freedom of expression.
Legislation, respect for privacy, technological viability… Australia will have to resolve a certain number of thorny questions. It gives the platforms one year to get up to speed, but also to concretely define the application of this law. At the risk, far from being improbable, that it only resembles a bluster.
