Promoting the importance of respecting, protecting, and fulfilling children’s rights, safety, and wellbeing in the digital environment is crucial for fostering a secure and empowering online space for our future generations.
Despite the extensive media coverage and public debate surrounding the social media ban for individuals under 16 years old, a significant oversight remains: the rights and voices of children and young people have often been marginalised in this discussion.
As Commissioners, Guardians and Advocates for children and young people across Australia and New Zealand, we feel compelled to issue this joint statement to ensure that their rights
and perspectives are fully considered in this critical conversation.
We fully support and endorse the open letter from the Australian Child Rights Taskforce,1
which highlights crucial concerns and advocates for a balanced, rights-based approach to the social media ban.
The rapid pace at which this new legislation has been introduced is concerning as it has left
insufficient time for thorough consideration and consultation, particularly regarding the impacts and potential for unintended consequences in respect of children’s rights, safety, and wellbeing.
We are deeply concerned about the lack of clarity surrounding the federal legislation, which
further complicates our ability to assess and address its potential consequences effectively.
The ban on social media for individuals under 16 years old has sparked significant debate. While the intention to protect children and young people from potential online harms is commendable, we must consider the broader implications of such a measure.
Children and young people have shared their concerns and offered solutions to more effectively respond to the opportunities and risks surrounding social media use. These
include creating a legislative framework that holds companies accountable for filtering out hate speech and discriminatory content, and education for children and young people and their parents (including education around misinformation and disinformation)
We need to address the issues children and young people are facing on social media, acknowledge their solutions and ideas, and respond accordingly.
Social media plays a pivotal role in the lives of children and young people today. It is a platform for learning, social interaction, and personal development. Banning access could inadvertently hinder these positive aspects, particularly in remote and regional areas where digital connectivity is vital for maintaining social ties and accessing educational resources.
We also know that children and young people in regional areas and those who identify as members of the LGBTQIA+ community utilise social media to maintain connections and community.
Importantly, the implementation of such a ban poses practical challenges. Effective age
verification methods are still lacking, and there is a very real risk that children and young
people will find ways to bypass restrictions, potentially exposing them to greater risks without the safety nets provided by regulated platforms.
A more nuanced approach is needed – one that includes robust safety standards for digital platforms and empowers parents and guardians with the tools and knowledge to guide their children’s online activities. This approach should also involve regular reviews of the legislation to ensure it meets its intended goals without causing unintended harm.
Incorporating safety by design principles is essential to ensure that digital platforms are
inherently safe for children and young people. These principles mandate that safety features are integrated into the design and development of digital products from the outset, rather than being added as an afterthought, thereby providing a safer online environment for all users.
While the goal of protecting children and young people online is an important one,
it needs to be balanced with their rights to access information and participate in the
digital world. [2] A collaborative effort between governments, digital platforms, and communities will be key to achieving a safe and supportive online environment for all children and young people.
We urge all policymakers to engage in a rights-based approach to the issue of social media use. This must include comprehensive dialogue with children, young people, parents, educators, and technology experts to develop a balanced and effective approach.
Any legislation should prioritise safety while also respecting the rights of children and young people to participate, connect, and learn in the digital age. By working together, we can create a safer, more inclusive online environment that empowers children and young people and supports their development.
References
[1]Open letter about ‘social media bans’-Reset Tech Australia
[2]General comment No. 25 (2021) on children’s rights in relation to the digital environment
