Social Media Safety

Share your views on the Children (Social Media Safety) Bill 2024.

What's being decided?

We are seeking your feedback on a draft Bill to protect children from the harms of social media.

There is growing awareness and recognition of the harm that social media use poses to children’s development and wellbeing.

The Children (Social Media Safety) Bill 2024 proposes restricting access to social media for children under the age of 14, and introducing parental controls for children aged 14 and 15, to protect children from these harms.

The draft Bill seeks to:

• Establish two duties of care on social media providers to prevent access of their services by any child permanently living in South Australia:
  • not allow access to social media to children under 14 or by children aged 14 and 15 without their parents’ consents; and
  • take ‘reasonable steps’ to prevent children in those ages from accessing social media.
• Provide an exemption for social media platforms that do not pose a risk of harm to children.
• Allow for options for a Regulator to enforce a breach of those duties of care, including issuing fines against providers of social media services.

Background

In May 2024, the Premier established South Australia’s Independent Legal Examination into Banning Children’s Access to Social Media, led by the Honourable Robert French AC.

The Terms of Reference directed Mr French to consider:

• the legal, regulatory, and technological pathways for the Government to impose a ban,
• the existing legislative and regulatory landscape relating to social media use for children nationally and in South Australia,
• examples from other jurisdictions which have implemented limitations on social media access for children, and
• how existing technology to limit social media access could be utilised in implementing a ban for children.

As part of his examination, Mr French undertook a comprehensive and targeted consultation process with experts, social media platform providers and other relevant stakeholders.

On 8 September 2024 Mr French delivered his report to the Premier. The report is available on the Department of the Premier and Cabinet website.

The report outlines a potential legislative approach to restricting South Australian children’s access to social media services, in the form of the draft Children (Social Media Safety) Bill 2024.

Since the release of Mr French's report, the Commonwealth along with States and Territories have agreed to a national approach.

We want to hear your feedback to allow us to work with the Federal and State and Territory Governments on national uniform legislation that is fit for purpose, and protects children from the harms of social media.

Get involved

Find out more:

• read the Report on the Independent Legal Examination into Banning Children from Social Media
• read the draft Children (Social Media Safety) Bill 2024
• look at our FAQs

Have your say by:

• typing in your feedback
• uploading your submission.

Please note that we may make submissions (including name and address details) publicly available. If you do not wish for this to happen, mark your submission ‘Confidential – Not for Publication’ and provide your reasons for this.

Please be aware that unless you make a request for confidentiality, we may refer to or publish the information contained in your submission. Any material identified as ‘confidential’ is still subject to the Freedom of Information Act 1991 and, while we will make an effort to keep the material confidential, in some circumstances we might disclose it under that Act. Where disclosure of information may identify you, we will attempt to consult with you under the Freedom of Information Act 1991 before the documents are disclosed.

What are the next steps?

All feedback will be considered to help shape the draft Children (Social Media Safety) Bill 2024.