Fast Law, Fragile Rights

The Human Rights Consequences of Australia’s Rapid Social Media Reforms

Abstract

Over the last two decades, social media has become a digital town square for people to share ideas, discuss politics or comment on recent events. For many younger people it represents a bedrock of their day-to-day lives. However, the Australian Federal Government has recently passed legislation to ban the use of social media by people under 16 years of age. The Federal Government justified its decision on the basis that social media is causing serious harm to the physical and mental wellbeing of children and young people across the country. Unfortunately, this social media ban was rushed through critically important democratic processes, which has led to poor drafting decisions and unintended consequences for all people online. Importantly the ban will have serious implications for several
human rights, including the right to privacy, rights of the child and freedom of expression. While serious action is needed to address the harms associated with social media, a blanket ban is not the answer.