Social media companies would be responsible for preventing children under 14 from using their platforms, under proposed South African laws

Major social media giants would be forced to ban children under 14 from their platforms or face severe penalties under proposed laws in South Australia that could be replicated in other states.

The South African government has published a 276-page report by former judge Robert French, which outlines how social media companies such as Facebook and TikTok must take “systemic responsibility” to restrict children from using their products.

The report sets out how the draft legislation is “available to other state governments” if they wish and could be introduced across the country.

South African Prime Minister Peter Malinauskas said the proposal was prompted by concerns that social media was damaging young people and affecting their mental health, leaving parents “almost powerless”.

“The government is now going to step in, we are going to deny children access to these accounts,” he said.

“We’re going to ban social media from even giving access. And if they do, and they do it knowingly, they’ll be punished severely, with heavy financial penalties. That will be a big deterrent to prevent something like this from happening again in the future.”

Mr Malinauskas said the proposed regulations would impose “a positive obligation and duty” on social media companies to ensure that children under the age of 14 do not have access to such platforms.

“That positive duty and obligation not only extends to preventing individual children from accessing the platform, but also creates a systemic responsibility on social media platforms to ensure that they take all reasonable steps to prevent children from accessing it,” he said.

“What this (legislation) does is put the power back into the hands of parents.”

If companies break the rules, parents, or a supervisor on behalf of a child, can seek damages or financial sanctions, according to Mr Malinauskas.

“The regulator can also, if it is very strict, impose civil fines that can run into seven figures or more against these social media platforms if they break the law and break the law with impunity,” he said.

“We want to create a massive, massive deterrent against these giant corporations that are harming our children.”

Under the proposed law, 14- and 15-year-olds would need parental permission to access social media accounts.

How would this be enforced?

The report’s author, Mr French, said some major social media companies are already considering banning children under 13 in response to US digital privacy laws.

“But the question is how strict is that age restriction? Who does the age guarantee?” he said.

“If the social media companies are faced with the need to comply with the duty – and this is not just happening in the state of South Australia, I mean these challenges are happening in the US and all over the world – then it would be in their interest to join in on the age assurance party.

“It’s something they (social media companies) already largely claim to be doing, we’re just ramping it up a bit.”

Mr French said the bill would require service providers to demonstrate they have taken “reasonable steps” to prevent children under 14 from accessing their platforms.

He said that age verification and age estimation technology is continuing to develop.

“The question of what constitutes reasonable steps is not in the proposed legislation. That is a matter of judgement from time to time, but the regulator is expected to provide guidance on what constitutes reasonable steps,” Mr French said.

“And those guidelines may change from time to time, depending on the state of technology.”

The bill provides for the appointment of a supervisor to monitor compliance, impose sanctions for violations or impose significant fines on the Supreme Court.

On the road alone

Mr. French said his draft framework gives states the ability to adopt it independently of each other and the federal government.

“Ultimately, the preferred approach from a constitutional, legal perspective would be to have a national response. That said, the state has the power to do it alone,” he said.

Mr Malinauskas said the prime minister and other state premiers and chief ministers showed “great” interest in the proposed regulations at the national cabinet meeting on Friday.

He said the South African government is committed to implementing this legislation.

“We would rather have social media companies work with us than against us. If they play a constructive role in the reform process, it will ultimately be better for everyone.”

Queensland Premier Steven Miles said a social media ban would “work best” nationally, but he is not opposed to considering such a ban in his state.

Western Australia Premier Roger Cook has similar sentiments about a nationwide approach to a ban, but he is “fully” in favour of limiting children’s exposure to social media.

The bill will be submitted to the public for consultation this week.