New Zealand is set to introduce a bill seeking to prevent children under the age of 16 from using social media, with platforms that fail to comply potentially...
New Zealand is set to introduce a bill seeking to prevent children under the age of 16 from using social media, with platforms that fail to comply potentially facing fines of up to 10% of their global revenue.
The proposed Online Safety Bill is due to be introduced to Parliament on Monday and would require social media companies to take reasonable steps to ensure their users are at least 16 years old. The government says the measures are aimed at protecting children from risks associated with social media.
Prime Minister Christopher Luxon said social media was exposing children to harmful content, addictive technology and pressures that they were not equipped to deal with. He said the impact was also being seen in areas including family life, mental health, sleep and education.
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“We have protections to keep children safe in the real world and we need them in the virtual world too,” Luxon said.
Under the proposals, platforms including TikTok, Instagram, Snapchat and Facebook would be required to introduce measures to check the ages of users. The proposed legislation would allow companies to use methods including existing account information, facial age estimation and digital identity checks.
The government has not yet outlined which other platforms could be classified as “high risk” and therefore affected by the proposed restrictions. Social media platforms that are regularly used by children would also have additional responsibilities under the bill.
Those platforms would be required to regularly assess the risks they pose to children and report on the measures they are taking to identify and reduce those risks. The proposed requirements would place responsibility on social media companies rather than children or their parents.
No penalties are proposed for children, parents or caregivers who breach the proposed age restriction. Instead, social media companies that fail to meet their obligations could face fines of up to 10% of their global revenue.
The proposed penalties could be substantially higher than those introduced in Australia, which has already brought in a similar restriction. Australia’s maximum penalty for companies is $99 million (£51.7 million).
However, there is uncertainty over whether New Zealand’s bill will secure enough support to become law. Act and New Zealand First (NZF), which are coalition partners in the government, have said they will oppose the legislation.
David Seymour, New Zealand’s deputy prime minister and leader of Act, said he did not believe the proposed ban would work. His party’s opposition creates a challenge for the government as it seeks parliamentary support for the legislation.
Foreign Affairs Minister Winston Peters, who leads NZF, also criticised the proposed legislation. He said his party had concerns about the direction of the proposed law and what he described as the “slippery slope” that legislation of this nature could create.
Peters also criticised Australia’s under-16 social media ban, which was introduced in December. He described the Australian policy as a “colossal failure”.
Australia’s restrictions have faced difficulties in enforcement, with widespread acknowledgement that some children under 16 have continued to access and use the social media platforms covered by the ban.
New Zealand’s proposal comes as other countries consider similar measures to restrict children’s access to social media. The move follows Australia’s ban, while countries including the United Kingdom and Greece are set to introduce restrictions next year.
The proposed legislation also comes amid legal and political debate over how governments should regulate social media use among children. Earlier this month, France’s top court struck down a similar proposed social media ban, ruling that it infringed upon freedom of expression.
New Zealand’s government has therefore proposed a system that would place age-verification responsibilities on social media companies. The bill would require platforms to take reasonable steps to determine whether users are over 16 while also assessing and reporting on risks to children.
The government says the measures are intended to address concerns about children’s exposure to harmful content and the effects of social media on their lives. However, opposition from coalition partners means the proposed Online Safety Bill faces uncertainty as it moves towards parliamentary consideration.
The outcome will determine whether New Zealand becomes the latest country to introduce an under-16 social media restriction or whether the proposal fails to secure the support needed to become law.
