The federal government has announced plans to legislate age limits for social media.

Due to be introduced to­ parliament before the next election, the legislation will be developed in conjunction with states and territories and informed by a bill proposed by the South Australian government that would see global tech giants face substantial fines if they fail to restrict children of a certain age from their platforms.

Under the SA model, channels such as TikTok, Facebook and Instagram would need to take “systemic responsibility” for blocking social media access to under-14s. If approved, the SA Children (Social Media Safety) Bill 2024 would also require parental consent for children aged 14 and 15. The federal government’s proposal is considering blocking access to under-16s.

The SA legislative framework ­– detailed in a 276-page report released on Sunday and authored by former High Court justice Robert French – was developed in response to mounting concerns among experts and the broader community about the adverse effects of social media on children, including exposure to cyber bullying and inappropriate content which can have a negative impact on children’s mental health and development.

A recent survey by national mental health service ReachOut found social media is the number one issue of concern among parents and carers of children – with 59 per cent of respondents expressing concern about their child’s use of social media and 55 per cent saying social media had a significant impact on their child’s wellbeing.

Launching the draft framework in a press conference, SA premier Peter Malinauskas said the state is “seeking to adopt a position of leadership”. The legislative framework would put a “positive obligation and duty” on social media companies to ensure that children under the age of 14 are restricted access to platforms “that we know are doing great harm”.

Currently, the situation was “a free-for-all”, Malinauskas said. “At the moment these companies are effectively operating unregulated”, leaving parents “almost powerless”. The proposed legislation would, he added, “put the power back into the hands of parents”.

Social media companies that have a positive impact on young people “in an educational context or a social support context” would be exempt, Malinauskas said. “This framework bill,” he added, “seeks to get that balance right.”

We want to create a big, massive deterrent against these giant companies

Peter Malinauskas

Compliance would be monitored by a regulator and include such measures as age verification and, where relevant, verification of parental consent.

If compliance is breached, and their child is harmed, parents would be able to sue the social media companies for damages through the Supreme Court.

Describing the consequences as “severe and harsh”, Malinauskas said: “We want to create a big, massive deterrent against these giant companies where they do harm to our children.”

Meanwhile, the Victorian government has expressed its intention to work with SA and the Commonwealth to curb children’s access to social media.

While Victoria was prepared to introduce state legislation, it will now prioritise “a nationally consistent approach” based on the SA model.

“It’s absolutely time for change,” said Victorian premier Jacinta Allan. “There are benefits to social media, but for children, the harms outweigh the good.”

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