Summarised by Centrist
National’s proposed under-16 social media bill would require age-restricted platforms such as Facebook, Instagram and YouTube to take “reasonable steps” to stop children under 16 accessing them.
Platforms would also have to conduct risk assessments covering children’s exposure to illegal content, bullying, harassment, grooming, extortion, self-harm, suicide, violence, sexually explicit material and “false or misleading information”.
Companies would also be required to protect personal information collected while complying with the age restrictions.
The penalties are substantial. Platforms could be fined up to 10% of global revenue for failing to keep under-16s off their services or failing to protect personal information. Risk-assessment breaches could attract fines of up to 3%, while failing to display government-mandated warnings could cost up to 1%.
The bill also contains what officials call “novel enforcement tools”.
Under section 38, the High Court could issue an “access restriction order” requiring internet providers or app stores to block a platform across New Zealand.
Officials say the intention is that, where a platform presents “a significant risk to children and is unwilling to change”, it can be “prevented from operating in the New Zealand marketplace”.
The court could also stop payment providers and other “ancillary services” doing business with non-compliant platforms.
Education Minister Erica Stanford says a nationwide block would be a “last resort” and could only occur where a court found it “justified and proportionate to the harm being prevented”.
Re-published from the Centrist with permission
