Luxon moves to ban under-16s from social media - but NZ First, Act disagree

Legislation will today be introduced to ban young New Zealanders aged under 16 from social media, putting the onus on platforms to take “reasonable steps” to check users are over the minimum age.

The Herald understands that while the legislation will be introduced as a Government bill, two of the coalition parties - NZ First and Act – will implement the ‘agree to disagree’ clauses in their coalition commitments.

It means that while the Government will introduce the legislation, National will need votes from the Opposition to pass it. It’s understood Act and NZ First will not vote for it at its first reading.

Labour has not yet provided an official position. Some members of its caucus has seen the legislation, but it has not gone to full caucus yet, it’s understood.

According to a statement from Prime Minister Christopher Luxon and Education Minister Erica Stanford, legislation will be introduced to require “high risk” social media platforms, like Instagram, TikTok, Snapchat and Facebook, to take “reasonable steps” to check users are over the age of 16

A number of methods could be used to do this, including “using existing account information, facial age estimation, digital ID services, and formal ID”.

Age-restricted platforms are defined by the Government as being internet services accessible in New Zealand which enable users to exchange content with others, and which have one or more specified features. These include “endless-scrolling, algorithmic recommendations, feedback features and time-limited features”.

The legislation will not include services that are primarily used for messaging, email, voice or video calling, reviews, online multiplayer games, music, podcasts, professional networking, or education and health services. Artificial intelligence chatbots are also out of scope.

The age-restricted platforms will need to take “provide more than one way for a user to determine their age (preventing them from solely relying on formal ID)” and cannot use “self-declarations to check someone’s age”.

There will also be a need for platforms used by children to regularly assess the risks they post and report on how those risks are being identified and reduced.

An online safety regulator will be established within the Department of Internal Affairs to independently monitor compliance, investigate platforms, and enforce the law.

The regulator will be have an array of powers and enforcement abilities, including being able to impose financial penalties based on a percentage of the platform’s global annual revenue". There are criminal penalties for providing deliberately false or misleading information or refusing to provide information.

Luxon said that the Government could not “accept the harm being done to a generation of New Zealand children”.

“One in three children aged between 13 and 17 are now spending at least five hours on social media a day,” the Prime Minister said.

“Social media is exposing them to harmful content, addictive technology and pressures they are not equipped to deal with and it’s affecting their family life, mental health, sleep, and education.

“Obviously, parents have a role to play in monitoring what social media platform their children are on, but so do social media companies. We have protections to keep children safe in the real world and we need them in the virtual world too.”

Stanford said the legislation would bring New Zealand into line with other countries around the world.

“The Bill places legal obligations on platforms. No penalties are proposed for children, their parents or caregivers,” Stanford said.

“It doesn’t just introduce a minimum age requirement. It creates an enduring framework that can evolve alongside technology and holds platforms responsible for understanding and reducing the risks they create for children.”

One of the questions related to the restrictions has been whether the Government would do anything to stop young New Zealanders using Virtual Private Networks (VPNs) to circumvent a ban.

VPNs can route an internet user’s traffic through servers overseas, which can allow them to get around location or access restrictions.

In response to an Official Information Act (OIA) request from the Herald, the Department of Internal Affairs (DIA) said it had provided advice that refers to the VPNs in the context of how they can be used to circumvent proposed social media age restrictions.

However, DIA confirmed it “has not provided advice on options to restrict, ban or regulate the use of VPNs, nor has it received any direction to develop such advice”.

In a factsheet, the Government said the legislation does not regulate VPNs at all.

“We recognise the risk that some users may attempt to use tools such as VPNs to get around restrictions, and this has been considered in the design of the regime,” it said.

“Platforms can already use tools to help identify when users may be attempting to bypass restrictions by using a VPN and are expected to respond appropriately. Recent evidence from Australia shows that VPN usage by children to get around age restrictions is very low, only 3 per cent.”