The Labor-Liberal Uniparty has been advancing this bill based on a  case where bullying on social media led to a tragic suicide. In submissions on this bill, it became apparent that banning children from social media would cause as much harm as good. The best response to these tragic cases would be to empower parents to better manage their children’s use of social media.  This can be achieved by enhancing parental lock technology, making it more powerful, easier to use, and free (the best Apps available are commercial).   The Government ignored concerns raised by experts in their submissions and testimony, and pushed ahead with a bill that introduced a blanket ban for under 16.

Let’s be clear – this is a ‘world-first’ because the rest of the world knows such a ban is counterproductive.

Tech-savvy kids will get around the ban, and that’s where the real harm begins. The ban does not cover chat rooms in video games, which lacks the supervision present on social media platforms. Peer-to-peer chat apps are making a comeback, and some children may even turn to TOR, which is not supervised at all and by it’s design, is almost impossible to supervise. This bill will have the outcome of exposing kids to even worse forms of bullying.  

One Nation and the Greens united to stop Labor’s guillotine. We forced the government to remove the bill banning under 16’s on social media and extend scrutiny until February. Then, incredibly, the Liberal Senate leader, Simon Birmingham, moved to get the bill back in the guillotine process.  Barely hours later, Simon Birmingham informed the Senate that he was leaving. It’s clear he knew he was leaving and this was his parting gift.

I want to thank Senators Alex Antic and Matt Canavan for crossing the floor to vote against the Liberal-Nationals-Labor guillotine.  

One Nation will continue to fight against the social media ban, returning power to parents and families.  

Included are comments around Digital ID, which—despite claims to the contrary—will inevitably become part of this outrageous power grab.

Transcript

My remarks are directed to the minister but also to people listening at home to the Senate and to researchers and historians that will look back at this vote today in an attempt to understand what the hell the Senate was thinking. The amendment the government circulated, no doubt with the approval of the Liberal Party, answers that question. The Online Safety Amendment (Social Media Minimum Age) Bill 2024 can act to force every Australian to be the subject of a digital ID in the name of keeping children safe—and that’s what my question is about.  

The government accepted widespread public concern that the bill was designed to force everyone to get a digital ID and promised to include an amendment to specifically rule that out. In this government amendment that you’ve moved, SY115, new provision 63DB(1) excludes use of government issued identification or use of digital ID. That is great, except 63DB(2) provides that, if social media platforms can come up with an alternative means of assessing age that does not involve digital ID or government documents, they can—wait for it—accept a digital ID identification. In effect, this amendment specifies that a social media platform cannot use digital ID by itself but it can use digital ID as part of a more comprehensive verification. There’s no need to guess what that could be; this bill contains the answer: age-assurance software. The company which has been awarded the tender for the age-assurance trial is a British company called Age Check Certification Scheme. whose main business is provision of digital IDs backed by age-assurance software. 

TikTok has used age-assurance software to remove one million underage accounts from TikTok in Australia. This software can tell if a person is, for instance, under 12. That’s useful. The smaller the gap between the user and target age—16 in this case—the less accurate it is. This software can’t tell age within six months, and there’s no way of knowing a person turned 16 on the day of their application. You just can’t tell that from face scan. Accessing social media on your 16th birthday and, most likely, for months afterwards will require a second identifier containing the child’s facial scan and their date of birth, which is a digital ID, which this company specialises in. You’re setting them up. 

I have criticised this bill as an opportunistic attempt to capitalise on the public desire for better regulation of social media to force all Australians to get a digital ID. I’ll say that again. I have criticised this bill repeatedly, as have others, as an opportunistic attempt to capitalise on the public desire for better regulation of social media to force all Australians to get a digital ID. This amendment requires a change in my language, which is now that this bill is an opportunistic attempt to require every child, once they turn 16, to get a digital ID if they want to access social media. What age does the government’s digital ID start from? Sixteen. What a coincidence! This wasn’t the intention all along? That’s misinformation. 

This amendment exposes the original intention of the bell. Your amendment exposes the original intention of the bill, which was hidden in what looked like a poorly drafted bill. It wasn’t poorly drafted; it was deliberately dishonest, and the short committee referral, which the government fought against, has exposed the deceit. The truth is now out there, and the decision before the Senate is a simple one. A vote for this bill is a vote to require every child to get a digital ID on their 16th birthday. 

Compulsory digital IDs aside, there are many other reasons not to pass this bill. I will now share with the Senate and with posterity the words of Australian Human Rights Commission on the bill. One Nation fully supports the commission’s position, which deserves to be included in the Hansard record of the debate: 

Social media is a vital platform for young people to share their ideas and opinions, engage in dialogue, and participate in social and cultural activities. It can be a valuable educational tool by providing access to diverse perspectives, news and learning opportunities, as well as vital information about health, well-being and safety. A blanket ban risks unjustly curtailing these freedoms. 

Social media is integral to modern communication and socialisation. Excluding young people from these platforms may isolate them from their peers and limit their ability to ability to access much-needed information and support. This is particularly important for young people from marginalised, vulnerable or remote communities. 

These are the words of the Human Rights Commission. 

The social media ban will rely on effective age assurance processes being adopted, which means that all Australians may be required to prove their identity in order to access social media. This may potentially require all Australians to provide social media companies with sensitive identity information, which poses a risk to our privacy rights in light of recent examples of data breaches and personal information being stolen. 

Technological workarounds – such as VPNs and false age declarations – may undermine the effectiveness of the ban. Additionally, a ban will not address the root causes of online risks or make the platforms safer for everyone. 

The workarounds to this measure have not received enough debate. The bill carves out gaming sites, many of which have a chat feature. Children will move over to chatrooms and gaming sites which are not supervised. Tor—or, more accurately, onion routing—will provide another avenue for communication which is designed to make supervision exponentially harder than on mainstream social media platforms. I have advice from a leading internet security company that peer-to-peer social media, which again is harder for parents to supervise than current social media platforms, is making a comeback. As a result of this legislation, children will be exposed to more harm, not less. I had a call from a constituent— 

Senator Hanson-Young: You are right. 

Senator HANSON-YOUNG: It’s not often Senator Hanson-Young tells me I’m right. A moment ago, I had a call from a constituent who had called their local Liberal member of parliament about this bill and was told, ‘Oh, it’s okay; you can just sign up for your children.’ With age-assurance software, that will not work. With Digital ID connected to age-assurance software, the social media platform will know what you’re doing. Don’t be telling people: ‘It’s nothing. You can defeat it. You can still talk to Grandad on Facebook.’ You won’t be able to. Children may be able to use VPNs, virtual private networks, and the new PPNs, personal private networks, to appear to be in another country. That really won’t work either. The keystroke logging that accompanies the age-assurance software will assume someone pretending to be in Canada but interacting with Australian accounts is probably using a VPN. 

Minister, why did you say that this won’t lead to Digital ID when your amendment says exactly that?