One of the 31 pieces of legislation the government rushed through Parliament before the close of business this year was a world-first ban on children under the age of 16 using social media.

On the surface, this is a bold move, positioning Australia as a global leader in standing up to the pernicious effects of social media on the physical and mental health of our children. 

But dig a little deeper and we see that in its current form, it’s a piece of legislation pushed by a vested interest, filled with holes and light on implementation. If we really want to protect our kids from the harms of social media, we cannot allow this legislation to be nothing more than a cheap ploy for votes from the Albanese government. 

Something needs to be done about the Gram…

We wouldn’t be the first parents or politicians to say we are concerned about the effects of social media on children. 

Studies have shown that the use of social media platforms like Snapchat, Facebook, X, and Instagram are linked to increased feelings of depression, anxiety, poor body image, and loneliness. In 2023, a whistleblower from Facebook said the company knew that its products had a negative impact on teenagers’ mental health but chose to prioritise profits over user’s safety. 

The US Government is so concerned that in 2023 the Surgeon General issued an Advisory on Social Media and Youth Mental Health, recommending a range of policy actions to address the issue, including age limits for use. However, this was just one of many recommendations.

Rather than adopting a broad, comprehensive approach, the Albanese government has chosen to focus on a single policy response to this complex, multifaceted issue. They seized on an issue with wide public support, crafted vague legislation that fails to define which social media platforms it applies to or how it will be enforced, and rushed it through with only 24 hours of public consultation.

Why the rush?

The legislation sprang out of a media campaign called Let Them Be Kids. It highlights the effects of social media on children - youth suicide, eating disorders,  loneliness, sleep deprivation and reduced social skills. 

The campaign calls for us to “protect our children” and reels off tragic quotes from parents who have lost children to suicide and blame social media, as well as academics, doctors and other activists.

The campaign was quickly supported by high-profile media personalities and celebrities, and other campaigns quickly sprung up in a similar vein. It was clear - parents are worried about the safety of their children. 

And while this concern is totally understandable and fair, it is also important to remember who is funding the campaign - the Murdoch media. An industry that has a financial interest in curbing the influence of social media companies.

But will it work?

It depends on what you mean by “work”. It’s very difficult to know whether or not the law will work to keep children off social media. 

Under the proposed law, enforcement lies with the social media platforms themselves. They have to find the technology to prevent children under 16 from accessing their platforms and they face fines of up to $50 million if they “systematically breach” the ban.

The responsibility for ensuring that tech-savy teenagers can’t breach age restricted sites, or that face recognition technology doesn’t unfairly discriminate (as it has when previously tested), is on the companies, not on the government. 

Whether or not the ban will help the teenage mental health crisis is a totally separate issue. A number of academics and advocacy groups think it will have a harmful - not helpful - effect on children’s health. In an open letter sent to the government, signed by over 100 academics and 20 civil society organisations, the Australian Child Rights Taskforce called on Albanese to instead look at imposing "safety standards" on social media platforms.

So what do we do?

Complex problems require complex solutions. We cannot allow this legislation to simply be a vote winner for the Albanese government - a set and forget that allows them to never have to think about the issue again.

To truly protect young people from the harms of social media, the government must look beyond digital restrictions and address other contributing factors, including the pressures of modern education, family dynamics, and societal expectations.

One critical area that needs attention is the use of smartphones in schools. Despite increasing awareness of their detrimental effects on focus and well-being, smartphones remain ubiquitous in classrooms. Studies have shown that phone-free environments significantly improve students’ mental health and academic performance. 

There are also measures that can be taken around regulating content on social media, educating students on misinformation and actually funding more non-screen related activities for children. 

What we do know is that rushing through vote-winning legislation without any real consultation on its efficacy or implementation is not going to fix one of the most important issues confronting modern Australian families. And we know that our children deserve better than that.