The Bill amends the Online Safety Act 2021 to enhance the "social media minimum age framework" established in Part 4A. Its primary objective is to ensure that social media platforms take "reasonable steps" to prevent Australians under the age of 16 from holding accounts. From the explanatory memorandum:
The Bill expands the eSafety Commissioner’s information-gathering powers and increases civil penalties for non-compliance.Specifically, the Commissioner will now be able to compel the production of documents and information from third parties—such as age assurance providers or app-store operators—to validate claims made by platforms. Furthermore, the Bill doubles the maximum civil penalties for contraventions. For a body corporate, the maximum penalty increases to 60,000 penalty units, which, when multiplied by five under the Regulatory Powers Act, is "currently equivalent to $99 million" [Explanatory Memo page 4]. These changes are intended to bring the regime into line with other major regulatory frameworks, such as the Competition and Consumer Act 2010, reflecting the significant resources of multinational social media corporations.
The "For" case rests on the protection of children from the documented harms of early social media exposure. By strengthening the eSafety Commissioner's ability to verify platform compliance through third-party data, the Bill moves beyond mere self-regulation [Judgment]. The substantial increase in penalties ensures that compliance is not merely seen as a "cost of doing business" for tech giants. This approach prioritizes the collective well-being of the community and the healthy development of children over the commercial interests of digital platforms [Judgment].
The "Against" case highlights concerns regarding privacy and the erosion of individual autonomy. Expanding the Commissioner's power to compel information from "any person" risks overreach and may lead to the collection of sensitive personal data of both children and adults [Judgment]. Furthermore, critics argue that a rigid age-based ban ignores the capacity of young people to develop digital literacy and exercise autonomy. There is also the risk that such measures will drive children toward less regulated, more dangerous corners of the internet where enforcement is impossible [Judgment].
2026-06-29
House of Representatives
Before Senate
Unspecified
Infrastructure, Transport, Regional Development, Communications, Sport and the Arts
Media / Advertising, Science / Technology, Discrimination / Human Rights