Translation by yours truly, Original article [A] by Danisch
Several readers wrote to me ...
on the ban on social media access for under-16-year-olds in Australia being nothing but a pretense, and the real goal is identifying everybody, because naturally it requires that you sign in and identify yourself. And because they apparently can't say it that openly or enforce it that directly politically, they hide behind the pretense of an age restriction.
Which reminds me once again that, structurally, there are no formal constitutional rights in Australia.
The question is how they want to implement it. It would mean that they would also need to ban VPNs and logging in in other countries as well.
And what if, for instance, someone from Europe or Asia is visiting Australia? Do they suddenly need to provide identification and change their account? What does the 14 year old daughter do? Is she suddenly no longer allowed to access her account there? And which country's laws are even applicable if the provider is headquartered in Germany?
And what are "social media" in the first place? What if you run your own Mastodon instance? Or a blog? Are you no longer allowed to do that either? Or when you do it for a living? There are 14 year olds earning millions doing that. I'd be interested in what is in the text, even though the law itself isn't passed, but just overcame an obstacle.
It's not that easy finding the legal text because there's countless press reports on it which mention the keywords and - particularly nasty: APNews - always refer to their own articles, but never cite sources.
But - with some searching - I found it: Online Safety Amendment (Social Media Minimum Age) Bill 2024
You don't really gain a lot of information because it's not a complete law, but just a change, an amendment to an existing law, and you would first need to read that one. Apparently that is the Online Safety Act 2021, but I don't yet know what is meant by the sentence
which is to be added in the definitions, because in this Online Safety Act 2021 I found a section 63, but not a 63C. - Ah, now I got it. Section 63C doesn't exist yet, it's being added with this change.
And in there, paragraph 1 states:
Ha. "Social interaction between 2 or more end-users"; they're banning e-mail for under-16-year-olds. I don't believe that they thought about that. Typical parliament decision.
I think this is the punchline: Online social interaction does not include (for example) online business interaction. What is that supposed to mean? Does not include (for example) .. yeah, what else?
I would have to read it again in detail, but basically, I understand that a 14 year old, for example, is not allowed to have an e-mail friend in Europe - only through snail mail or maybe with the detour of parents and a printer.
I'm looking forward to seeing how long it'll take until they want to do the same thing here [in Germany] too. This is going to be particularly fun because we flooded the country with people of which we don't know their age.
I think the Australians are currently setting up a huge problem. Especially since they don't yet specify how the age verification is supposed to work. They want to give the providers one year of time to figure something out.
Basically, you are no longer allowed to send any e-mail to Australia because, from here, you cannot verify how old the recipient is.
Mandatory identification in Australia
Several readers wrote to me ...
on the ban on social media access for under-16-year-olds in Australia being nothing but a pretense, and the real goal is identifying everybody, because naturally it requires that you sign in and identify yourself. And because they apparently can't say it that openly or enforce it that directly politically, they hide behind the pretense of an age restriction.
Which reminds me once again that, structurally, there are no formal constitutional rights in Australia.
The question is how they want to implement it. It would mean that they would also need to ban VPNs and logging in in other countries as well.
And what if, for instance, someone from Europe or Asia is visiting Australia? Do they suddenly need to provide identification and change their account? What does the 14 year old daughter do? Is she suddenly no longer allowed to access her account there? And which country's laws are even applicable if the provider is headquartered in Germany?
And what are "social media" in the first place? What if you run your own Mastodon instance? Or a blog? Are you no longer allowed to do that either? Or when you do it for a living? There are 14 year olds earning millions doing that. I'd be interested in what is in the text, even though the law itself isn't passed, but just overcame an obstacle.
It's not that easy finding the legal text because there's countless press reports on it which mention the keywords and - particularly nasty: APNews - always refer to their own articles, but never cite sources.
But - with some searching - I found it: Online Safety Amendment (Social Media Minimum Age) Bill 2024
You don't really gain a lot of information because it's not a complete law, but just a change, an amendment to an existing law, and you would first need to read that one. Apparently that is the Online Safety Act 2021, but I don't yet know what is meant by the sentence
age-restricted social media platform has the meaning given by section 63C.
which is to be added in the definitions, because in this Online Safety Act 2021 I found a section 63, but not a 63C. - Ah, now I got it. Section 63C doesn't exist yet, it's being added with this change.
And in there, paragraph 1 states:
(1) For the purposes of this Act, age-restricted social media platform means:
(a) an electronic service that satisfies the following conditions:
(i) the sole purpose, or a significant purpose, of the service is to enable online social interaction between 2 or more end-users;
(ii) the service allows end-users to link to, or interact with, some or all of the other end-users;
(iii) the service allows end-users to post material on the service;
(iv) such other conditions (if any) as are set out in the legislative rules; or
b) an electronic service specified in the legislative rules; but does not include a service mentioned in subsection (6.
Note 1: Online social interaction does not include (for example) online business interaction.
Note 2: An age-restricted social media platform may be, but is not necessarily, a social media service under section 13.
Note 3: For specification by class, see subsection 13(3) of the Legislation Act202003.
Ha. "Social interaction between 2 or more end-users"; they're banning e-mail for under-16-year-olds. I don't believe that they thought about that. Typical parliament decision.
I think this is the punchline: Online social interaction does not include (for example) online business interaction. What is that supposed to mean? Does not include (for example) .. yeah, what else?
I would have to read it again in detail, but basically, I understand that a 14 year old, for example, is not allowed to have an e-mail friend in Europe - only through snail mail or maybe with the detour of parents and a printer.
I'm looking forward to seeing how long it'll take until they want to do the same thing here [in Germany] too. This is going to be particularly fun because we flooded the country with people of which we don't know their age.
I think the Australians are currently setting up a huge problem. Especially since they don't yet specify how the age verification is supposed to work. They want to give the providers one year of time to figure something out.
E-mail
Basically, you are no longer allowed to send any e-mail to Australia because, from here, you cannot verify how old the recipient is.