The ban won’t take effect for at least 12 months. But key details about it are still missing – including how social media platforms will actually verify users’ age.
Here are some of the things that were proposed as amendments to this Bill, that the Labor and LNP uniparty voted down.
The Minister must, by legislative instrument, formulate guidelines for the taking of reasonable steps to prevent age-restricted users having accounts with age-restricted social media platforms
In other words, before the Bill actually comes into effect, there need to be some guidelines about what the fuck it actually means. But apparently Labor and most of the LNP (Canavan—who moved this amendment—and Antic aside) don’t think guidelines matter.
the Minister must be satisfied that the legislative rules would not have the effect, or be likely to have the effect, of substantially lessening competition in the market for that kind of electronic service
Labor and the LNP are specifically aware that small guys…like us here on Lemmy…might be hit harder, and decided to vote not to make sure the rules prevent that from happening.
[Remove:] If an entity…uses or discloses the information otherwise than…with the consent of the individual…the use or disclosure of the information is taken to be an interference with the privacy of the individual
Ok I’ve summarised this one immensely because the way it’s laid out is very technical. I’m referring to amendment 3215 by Canavan if anyone wants to verify it.
But basically, Canavan (and Pocock, who moved a similar amendment) wanted to say “if you collect this data, you must only use it for verifying people’s age. Even if you get consent to use it for other reasons, you’re not allowed to.” This would have absolutely enshrined the protection against things like “oh but we put a tick box to get consent to use it for other purposes and they clicked it.”
Labor and the LNP didn’t want this.
an individual is not an age-restricted user if…a parent or guardian of the individual consents to the individual not being an age-restricted user
Yup. Parents are not legally allowed to declare that their children can use apps. Because Labor and the LNP voted this amendment down. Now, if a parent helps their child do it anyway, the parent and child can’t get in trouble, but the platform can, because platforms cannot knowingly allow children to use the app, even with explicit parental consent and supervision.
If they were rushing through the bill then any amendments in the senate would require the bill to go back to the house. Partially explains the reluctance to consider amendments (though why bother with debate then).
Depressingly
The ban is, however, backed by 77% of Australians, according to a new poll.
Most of whom probably don’t care how it was passed or details on the amendments.
The bill was passed by the Senate after amendments. It had to go back to the House anyway. They just chose not to pass many of these quite common sense amendments raised by one of their own members (Matt Canavan), meaning they had plenty of time to consider their opinion and would have voted on it with that prior understanding in mind; they’re not being blindsided by something they have yet to have a chance to fully form an opinion on. The House received the Senate’s amended Bill and passed it within minutes.
Now, if a parent helps their child do it anyway, the parent and child can’t get in trouble, but the platform can, because platforms cannot knowingly allow children to use the app, even with explicit parental consent and supervisio
Not correct. An inadverdent act is not illegal, but circumventing telecommunication controls is a criminal offence under the Telecommunications Act, with penalties up to 20 years imprisonment.
No, this bill specifically only makes it possible to penalise the platforms. Parents or children cannot be penalised. The precise wording in the bill is:
A provider of an age-restricted social media platform must take reasonable steps to prevent age-restricted users having accounts with the age-restricted social media platform.
Civil penalty: 30,000 penalty units
There are also penalties that can apply to individuals, but only if:
the person is a provider of an age-restricted social media platform;
or
the person is a provider of an electronic service;
(To the penalty of “Civil penalty: 500 penalty units”.)
Here are some of the things that were proposed as amendments to this Bill, that the Labor and LNP uniparty voted down.
In other words, before the Bill actually comes into effect, there need to be some guidelines about what the fuck it actually means. But apparently Labor and most of the LNP (Canavan—who moved this amendment—and Antic aside) don’t think guidelines matter.
Labor and the LNP are specifically aware that small guys…like us here on Lemmy…might be hit harder, and decided to vote not to make sure the rules prevent that from happening.
Ok I’ve summarised this one immensely because the way it’s laid out is very technical. I’m referring to amendment 3215 by Canavan if anyone wants to verify it.
But basically, Canavan (and Pocock, who moved a similar amendment) wanted to say “if you collect this data, you must only use it for verifying people’s age. Even if you get consent to use it for other reasons, you’re not allowed to.” This would have absolutely enshrined the protection against things like “oh but we put a tick box to get consent to use it for other purposes and they clicked it.”
Labor and the LNP didn’t want this.
Yup. Parents are not legally allowed to declare that their children can use apps. Because Labor and the LNP voted this amendment down. Now, if a parent helps their child do it anyway, the parent and child can’t get in trouble, but the platform can, because platforms cannot knowingly allow children to use the app, even with explicit parental consent and supervision.
Jesus chriat they shoulda just slapped in one that said ‘this is about monitoring citizens’
If they were rushing through the bill then any amendments in the senate would require the bill to go back to the house. Partially explains the reluctance to consider amendments (though why bother with debate then).
Depressingly
Most of whom probably don’t care how it was passed or details on the amendments.
The bill was passed by the Senate after amendments. It had to go back to the House anyway. They just chose not to pass many of these quite common sense amendments raised by one of their own members (Matt Canavan), meaning they had plenty of time to consider their opinion and would have voted on it with that prior understanding in mind; they’re not being blindsided by something they have yet to have a chance to fully form an opinion on. The House received the Senate’s amended Bill and passed it within minutes.
Nevermind then. I wasn’t giving them much credit but it was still too much it seems.
Matt Canavan being the voice of reason was certainly not on my bingo card. Broken clocks and all of that.
Not correct. An inadverdent act is not illegal, but circumventing telecommunication controls is a criminal offence under the Telecommunications Act, with penalties up to 20 years imprisonment.
No, this bill specifically only makes it possible to penalise the platforms. Parents or children cannot be penalised. The precise wording in the bill is:
There are also penalties that can apply to individuals, but only if:
or
(To the penalty of “Civil penalty: 500 penalty units”.)