The Albanese government has quietly rushed through last-minute changes to its world-first social media ban as the first major legal test looms.
Under updated rules registered on Wednesday, “age-restricted social media platforms” – those targeted by the under-16 social media ban – were bolstered to include services with algorithms “designed to be addictive” and provide a “constant dopamine hit”.
Platforms with an “infinite scroll” of content with no end point, feedback features displaying the number of likes or upvotes, and disappearing stories “designed to create urgency so young people check apps constantly out of fear of missing out” will be targeted.
The update will not impact services already deemed to be outside the remit of the social media ban, such as Discord, Google Classroom, WhatsApp, and Roblox.
Ten platforms such as Snapchat, Facebook, and Instagram are included, with eSafety probing several others.
The changes were announced as social media giants continue to push back on the laws.
Reddit has filed a High Court challenge, which is yet to be heard.
The company alleges, in a court filing in December (seen by the NewsWire), the ban infringes on free political speech and poses serious privacy risks.
“The burden on the implied freedom in this case is both direct and substantial … it prohibits all Australians under the age of 16 from engaging in any political communication on an ‘age-restricted social media platform’ to the extent that such communication requires an account,” the documents state.
Reddit must file its legal arguments by April 10, according to the High Court’s timetable.
However, the government claims the update provides “clarity for Australian families” about the ban and ensures the law remains focused on “features that drive addictive behaviour and pose the greatest risk of harm to young people”.
Communications Minister Anika Wells, who will provide an update on compliance to the social media ban next week, said “Gen Alpha” were connected to an “addictive dopamine drip” ever since getting their first smartphone and social media account.
“Targeted algorithms, doomscrolling, persistent notifications and toxic popularity meters are stealing their attention for hours every day,” she said.
“We’re shining a light on these harmful and addictive features being used to target young Australians.”
The addictiveness of social media has been in the spotlight after a New Mexico court ruled that Facebook parent company Meta harmed children’s mental health and safety, violating state law.
Greens senator Sarah Hanson-Young said the minor party would introduce new laws next week called the “Fix our Feeds” Bill.
“This verdict confirms what we’ve known for years: Social media platforms are deliberately designed to keep people hooked, just like cigarettes or pokie machines,” she said of the US verdict.
“Despite promising 18 months ago to implement a digital duty of care – a law that requires social media companies not to cause harm to their users – the government has done nothing and is still sitting on its hands.
“Toxic algorithms flood our social media feeds day after day. It’s time to give Australians the power to control what we see in our feeds. Every user should have the freedom to choose what type of content they want to see and to opt out of toxic algorithms.”
The Bill will allow users to opt in or out of predatory algorithms, giving them a safer online experience, the Greens say.
In a scathing rebuke, Liberal senator Sarah Henderson said the social media ban was “not delivering as promised”.
Speaking in the Senate, she cast doubt on eSafety’s claimed 4.7 million deactivated social media accounts after an estimates hearing earlier this year was told only a portion could be made public, citing regulatory concerns.
“This number should have been corrected by the Prime Minister, by the Communications Minister. But, we have heard nothing but silence,” she said.
Senator Henderson said the New Mexico decision was a “damming decision”.
“This demonstrates that the whole design of its platform is to keep children addicted to doom,” she said.
“Scrolling is a massive issue, and one of the most concerning elements in this case is the role of algorithms and the fact that these systems actively shape what young people see and who they are exposed to online.
“Australians deserve transparency and platforms should not be allowed to operate black box algorithms when children’s safety is at stake.”
