Social media ban under 16 in Australia

Collapse
X
 
  • Time
  • Show
Clear All
new posts
  • chuft
    Stepher
    SPECIAL MEMBER
    MODERATOR
    Level 31 - Number 9
    • Dec 2007
    • 3042

    #76
    Fairy-Possum if you look at the text of the compiled Online Safety Act 2021,

    https://www.legislation.gov.au/C2021A00076/latest/text

    you will see at the top it says

    Online Safety Act 2021

    No. 76, 2021

    Compilation No. 2

    Compilation date: 14 October 2024

    Includes amendments: Act No. 39, 2024

    So it looks like the original Act has been amended and recompiled to show the latest language twice. The last amendment was from Act 39, 2024, which is

    https://www.legislation.gov.au/C2024A00039/asmade/text

    This Act amends a lot of other Acts. This type of law tends to be known as a technical corrections law, it does not make a lot of new policy, it just cleans up/renames small things in other Acts.

    It is an "amending Act" rather than an "in force Act". If you search it for "Online Safety" you will find the amendments it makes to the Online Safety Act:



    Online Safety Act 2021

    59 Section 220 (heading)

    Omit “Administrative Appeals Tribunal”, substitute “Administrative Review Tribunal”.

    60 Section 220

    Omit “Administrative Appeals Tribunal” (wherever occurring), substitute “Administrative Review Tribunal”.

    These are quite technical corrections/changes. Nothing exciting there.



    The bill I linked

    https://parlinfo.aph.gov.au/parlInfo...lication%2Fpdf

    whose info is here

    https://www.aph.gov.au/Parliamentary...sult?bId=r7284


    was passed by both Houses on Nov 29. So obviously that was after the Oct 14 date on which the previous version of the Online Safety Act was compiled. That tells you the version linked at the top of this post can't possibly contain the latest Act amending it.


    Notice this bill says "No. , 2024". There is a space where the Act number should be. That's because it's not yet an Act.

    This latest bill does not yet have an Act number so you will find no such Act if you searched for it, just the bill. It has not been assented to by the Crown (some weird Commonwealth/Australian language, in reality the Governor-General does the assenting). Technically it is not a law yet. In theory the Governor-General could refuse to sign it, in practice, that never happens. The Crown is a figurehead nowadays and has no real power over Parliament.

    https://peo.gov.au/understand-our-pa...use-to-sign-it


    Once it is signed by the Governor-General, it will become an Act, with Act number, and it will modify the 2021 Act, and be law. At some point that site I linked will do another compilation of the Online Safety Act 2021 and this time it will say it is the third compilation and includes this latest bill (though at that point it will have matured into an Act, and maybe put on some weight).


    Just a little legal research lesson.



    l i t t l e s t e p h e r s

    Comment

    • chuft
      Stepher
      SPECIAL MEMBER
      MODERATOR
      Level 31 - Number 9
      • Dec 2007
      • 3042

      #77
      Originally posted by possessor
      I'm hoping the law is similar to one you linked. I could live as long as I am allowed to own a channel
      I would not get your hopes up. Section 63D of the Bill says

      63D Civil penalty for failing to take reasonable steps to prevent
      age-restricted users having accounts

      A provider of an age-restricted social media platform must take
      reasonable steps to prevent age-restricted users having accounts
      with the age-restricted social media platform.

      and


      63E Delayed effect of requirement to take reasonable steps to
      prevent age-restricted users having accounts

      (1) Section 63D takes effect on a day specified in an instrument under
      subsection (2) of this section.

      (2) The Minister may, by notifiable instrument, specify a day for the
      purposes of subsection (1).

      (3) The specified day must not be later than 12 months after the day
      this section commences.

      (4) To avoid doubt, the obligation in section 63D applies in relation to
      accounts with an age-restricted social media platform if the
      accounts exist on or after the day section 63D takes effect
      (including accounts that began to exist before that day, and
      accounts that began to exist before the day this section
      commences).​

      Note 63E, subsection 4. There is no exclusion for pre-existing accounts.

      l i t t l e s t e p h e r s

      Comment

      • possessor
        I like LazyTown.
        SPECIAL MEMBER
        Level 30 - Stepher
        • Oct 2021
        • 2828

        #78
        I hate the law.

        Comment

        • Play_z
          Average fan of LazyTown 🙃
          GETLAZY MEMBER
          Level 12 - Lazy Scout
          • Nov 2023
          • 230

          #79
          Here’s YouTube’s statement about the ban

          Comment

          • possessor
            I like LazyTown.
            SPECIAL MEMBER
            Level 30 - Stepher
            • Oct 2021
            • 2828

            #80
            Originally posted by Play_z
            Here’s YouTube’s statement about the ban
            OH MY GOD WHY IS THIS MY LIFE


            YouTube, please get off your butts and stick to your word for the first time in your life

            Comment

            Working...