Australia Enacts World’s First Ban On Social Media

Synopsis 

Australia enacted a groundbreaking law that is poised to change the map of legal landscape significantly. After passing a law banning social media usage for children under the age of 16 in order to fight the growing rates of cyberbullying and harmful content’s exposure against impressionable young minds. This move strongly addresses the growing questions about online safety for the minors. While we see that Indian laws such as the IT Act and POCSO align with similar risk factors, they are lagging behind in installing some precise age-based restrictions on the usability of social platforms. Indian landmark cases like Shreya Singhal v. Union Of India, which focuses on India standing up for free speech instead of going for something as strong as banning. The two different strategies of Indian and Australian government fuels the conversations about finding a middle ground between digital independence and child safety, with the rising questions on the global aftermath of this law and also about societal preparedness for such robust strategies.

Introduction

Australia has initiated a bold first step towards online safety for children by passing the world’s first law that bans social media use for children under 16 years of age. Amidst the rise in concerns about online security, mental health supervision and the exploitation of a young mind, the Australian government is aiming towards fostering a safer digital space. This new legislation mandates stringent protocols for age verification while holding the tech companies accountable for abidance of the new Australian societal norm. This groundbreaking decision is set to spark debates around the balancing of technological advancement at its own risks and emphasising on the urgency for similar regulatory blueprints around the world.

Background and Need:Why was this law passed?

This ban attends to strong concerns that surrounded the online presence of a child. There are several studies that reveal alarming rate of linkage between social media use and mental health abuse. Issues like anxiety and depression amongst adolescents can be directly linked to it. In addition to this, the growing rate of cyberbullying, online grooming and exposure to toxic content has amplified the public uproar tenfold. Parents, guardians, child educators and children welfare advocates have avalanched for strict strategies to safeguard the children from these adversities and threats. All these magnified issues  have led to this unprecedented legislative move.

Provision of the law in Australia

This law necessitates that the social media tech companies implement stringent age-verification methods that should bar users under the age of 16 from getting access to their apps, sites or different platforms. Companies that will fail to comply with this regulatory move shall bear significant charges. This rule is enforced under Australia’s Online Safety Act ,which strengthens the eSafety Commissioner to regulate and assure abidance.

Similar Provisions in Indian Legal System  

India lacks on the strategy of imposing a direct ban on social media for the children and minors, however there are numerous provisions that aim to secure the online presence of minors. The Information Technology Act, 2000 includes a provision in Section 67 which restricts the publishing of obscene content. The Juvenile Justice Act,2015 addresses the growing cyberbullying and exploitation. In addition to these, there is also the Personal Data Protection Bill 2019, which necessitates a parental consent I order to process a child’s data. However, these laws are intended for content supervision and data protection rather than a direct restriction on platform access. 
To know more about cyber offences in India click here.

A Comparison Of Indian And Australian Approach 

Australia has a more proactive stance which focuses on protection through access restriction, whereas India’s strategy focuses on mitigating the damage by means of content regulation and data protection. While the Australian ban outrightly targets children’s access, Indian laws are more focusing on fostering a safer online environment without having to impose strict measures like the age limitations. Australia is leading with enforcement measures such as imposing penalties for non-compliance ,whereas India’s methodology towards this issue is a structure that is still evolving. The difference in approach between the two countries echoes on the two contrasting measures of achieving digital safety.

Relevant Indian Case Laws

1. Shreya Singhal v. Union of India (2015) – In this landmark judgment the Honourable Supreme Court struck down Section 66A of the IT Act, a step towards reinforcing free speech while also urging for stronger protection against cyberbullying.
2. Prajjawala Letter Case (2018) – Herein the Supreme Court ordered the government to take stringent protective measures against child abuse and trafficking.
3. XYZ v. Union if India (2020) – In this case the Delhi High Court directed for strong mechanisms in order to safeguard children from the exploitation caused online.
   
   

Should the government of any country be taking such steps?

The government of any country should be prioritising the protection of vulnerable population, especially the children, from online threats. While the outright bans may come off as limiting, they are very well justified if they successfully prevent any sorts of harm or online exploitation. However, these strategies must balance the safety and protection of children with the access to beneficial resources which will complement to their growth, ensuring equitable and ethical enactment.

Has Indian History Seen Similar Laws?

India has time and again implemented child protective laws, like the Prohibition of Child Marriage Act, of 2006 and the POCSO Act, of 2012. These laws faced a mixed public reaction, from criticism over implementation challenges to support. While these historical implementations remain unrelated to social media, they reflect the nation’s history of regulated behaviour to prioritise and safeguard the children and minors.

Expected changes in Australia after the enactment 

The ban is anticipated to reduce growing stats of cyberbullying, online exploitation and mental health problems amongst the minors. It is also sure to encourage companies that are hosting social media platforms to adopt a strict global safety protocol. However, the critics have warned of the potential loopholes that are upcoming in enforcement and challenges for the teens that access educational or positive online content.

FAQs

1.What does the new Australian law entail?
It bans social media access for the children and minors under the age of 16, requiring strict age verification.

2.Why was this law passed?
This law was passed in order to combat cyberbullying, online exploitation and mental health duress amongst the children.

3.How will the social media companies comply?
They will comply by implementing some strong age-verification protocols else they will have to face charges and penalties.

4.Does India have similar laws?
No, India’s approach focuses on aspects like content regulation, supervision, monitoring and  child data protection rather than imposing access related restrictions.

5.What are the criticisms of the the Australian Law?
Critics have argued that it could possibly restrict and limit access to educational content and face challenges related to implementation and enforcement.

Conclusion

Australia’s pioneering legislative move that bans social media for under-16-year-olds is setting a new benchmark in child protective measures. This move has sparked conversations globally, about online safety. While it addresses the urgent concerns regarding a child’s online presence, the success of this strategy depends entirely on its effective implementation and a balanced access to beneficial content. This safety move brings to light the need for countries like India to reevaluate their techniques on combating cyber unpleasantness and security for children, thereby ensuring a safe passage in the digital age for all age groups and especially for the impressionable young minds of children and minors.