Update on new social media laws

By Kelly Woods

On December 10, new Australian laws come into effect that require social media platforms to take ‘reasonable steps’ to prevent Australians under the age of 16 from having accounts.

If you’d like to explore the specifics of these laws, you can check out the eSafety Commissioner’s website for a clear overview.

At first it might seem like these laws will affect how you communicate with the young people in your community.

However, the impact these new regulations will have for churches and ministries should be quite limited.

This is because the guidelines and practices implemented by our Safe Church policies already have safeguarding measures for people under the age of 18.

This means that your existing communication and online interactions should already align (and even exceed) what the new legislation asks of the wider community.

But let me share the key practices already in place that help safeguard the welfare of the children in our communities.

1. The digital safety guidelines outline age-specific (10-12, 13-15, 16-17) digital communications. It has always been recommended that direct communication (messaging, calls) goes via parent or guardians, and that video calls or gaming be in groups with at least two leaders.

2. The ‘Guidelines for Safe Ministry Using Digital Media’ stress the importance of online communications being ‘open, transparent and age-appropriate’. This means being aware of programs and platforms we interact on, including the age restrictions associated with them. These guidelines can be downloaded from the digital safety webpage, where safe communications across social media can be found in principle 1 (more specifically, pages 4-5).

3. Implementing written parent or guardian permission for all livestreaming, recording, or sharing of images or videos of children helps prevent unnecessary or unintended distribution of media involving young people. Why this is important to practice is that if young people are not allowed to have accounts, then we should take seriously the presence of their images across these platforms, too. You can find a copy of the image release form to download on the digital safety webpage.

Although these laws are well-intentioned, they also come with certain risks. If you’d like a fuller discussion of both the positives and the challenges, my October 2024 article, ‘Should we be Raising the Age?’, offers a deeper reflection. Even so, as communities who care for young people directly affected by these changes, it’s important that we remain mindful of a few key areas.

The first is remembering that a lot of young people rely on social media not just for content, but also for peer connection and support. For many people who did not grow up in the digital age, we need to be aware that being shut out of mainstream platforms presents the risk that isolated or marginalised youth may feel even more cut off.

Secondly, platforms are expected to use a variety of age detection tools, (for example facial estimation, ID checks, etc) to comply with the new laws. These methods continue to raise privacy concerns. As a community we should be reminded of the importance to advocate for dignity, data protection and transparency in how these systems are used and stored.

Lastly, although these laws focus on restricting social media access, it is important that we do not see these restrictions as the answer to safety for young people online. These laws do not address the ongoing risks posed by online offenders who often seek contact through gaming platforms, such as Roblox, and other interactive online spaces. There are two important takeaways from this we need to consider:

1. From the perspective of leadership and community engagement, it is a reminder that the digital safety guidelines are also to be applied consistently within the gaming environments used in ministry. It means being aware of appointed leaders, trained moderators and age-appropriate events and networks.

2. For parents, we are reminded that the best measure for safeguarding our children in digital spaces requires active participation. By engaging with the games our young people love, we gain insight into their world and are better equipped to support, understand, and protect them.

So, even though there are legislative changes coming, it is unlikely to upend how we communicate with young people in our communities. It does, however, remind us that we need to remain pastorally sensitive to those effected by these laws as they might experience heightened levels of isolation and disconnection. It also offers a timely invitation to recommit us to ask what intentional and relational ministry in digital spaces looks like beyond posts, reels and TikToks.