Australia - November 2024

On 28 November, Australia’s parliament approved the world’s first law banning social media for children aged 16 and under. The ban will take effect in a year, with a trial for enforcement methods starting in January. The Online Safety Amendment (Social Media Minimum Age) Act 2024 seeks to protect young people from the harmful impacts of social media. The government plans to use age-verification technology to implement the restrictions, with tech companies fined up to AUD 50 million (USD 33 million) if they don’t prevent children from holding accounts. Australia’s communications minister Michelle Rowland indicated the ban would likely include Snapchat, TikTok, Facebook, Instagram, and X. The law was rushed through parliament with limited opportunity for debate and public consultation. Critics and digital rights experts have questioned the provisions for enforcement, as well as raised privacy, freedom of speech and social connection concerns for young people. It remains to be seen how the ban will be implemented and in consequence its impact on freedom of expression.

Sources: Reuters, BBC News, NPR, Australian Human Rights Commission, Amnesty International

On 28 November, Australia’s parliament passed three migration laws that expand its offshore detention policies, enabling third-country resettlement of non-citizens without adhering to Refugee Convention safeguards. The bills consist of the Migration Amendment Bill 2024, the Migration Amendment (Prohibiting Items in Immigration Detention Facilities) Bill 2024 and the Migration (Removal and Other Measures) Bill 2024. The laws allow officials to pursue prison terms for those who resist deportation, including asylum seekers. The Australian government says the bills are in accordance with the country’s international non-refoulement obligations and will help the issue of non-citizens refusing to be resettled in New Zealand. Legal and rights experts have criticized the haste with which parliament passed the bills. Australian migration advocates note that the laws deliver a dangerous setback for refugees’ and asylum seekers' rights, imposing punitive and disproportionate punishment to those most vulnerable.

Sources: Human Rights Watch, Human Rights Law Centre, Asylum Seeker Resource Centre, ABC News, Law council of Australia, SBS News, The Guardian