WHAT WON’T BE REQUIRED
Importantly, the government “is not asking platforms to verify the age of all users”. The guidance explains that such a blanket verification approach “may be considered unreasonable, especially if existing data can infer age reliably”. Some young people may keep their accounts, such as in cases where facial scanning technology estimates them to be over 16.
The government “does not expect platforms to keep personal information from individual age checks” or retain “user-level data”. Rather, companies will be expected to keep records that “focus on systems and processes”.
This suggests individual cases of young people accessing accounts may not mean companies have failed to comply with legislation.
However, the eSafety Commissioner said in a press conference today that companies will be expected to “make discoverable and responsible reporting tools available”. Where some young people’s accounts are missed, the government will “talk to the companies about the need to retune their [age assurance] technologies”.
WHAT HAPPENS NEXT?
Technology companies are likely to start implementing restrictions using data they already have for account holders, to ensure compliance from Dec 10. If a person signed up to Facebook in 2004, when the platform launched, for example, that could demonstrate the account holder is over 16 without additional checks.
However, the government is not prescribing specific approaches or technologies that companies must use. Each service will need to determine its own strategy. This means Australians could face differing expectations for age assurance from each platform.
What the government has made clear is that there will be no delay in the start date for compliance. Communications Minister Anika Wells said there is “no excuse for non-compliance”.
The next steps are now in the social media companies’ hands.
Lisa M Given is Professor of Information Sciences & Director, Social Change Enabling Impact Platform, RMIT University. This commentary first appeared on The Conversation.
