John Pane, chair of Electronic Frontiers Australia and a former member of the trial’s advisory board, resigned in August over what he described as deep concerns about privacy protections. He warned that the biometric data of millions of Australians could be harvested by tech giants under the guise of age verification.
“There are so many concerns with the report and so many concerns with the policy, and the way that they’ve sold this really is misleading,” Pane said at the time. He noted the trial had flagged some platforms that were building “a surveillance-level response to the entire user population”.
Communications Minister Anika Wells says online games pose fewer harms than social media platforms.Credit: Dominic Lorrimer
Australians will not be forced to provide government ID, such as passports or driver’s licenses, under the legislation, but the law will require tech giants to find alternative means of determining the age of users. At the hearing, Inman Grant clarified that digital ID could be used as one form of age assurance, but “cannot be the sole means” and “cannot be the last point of call if there’s an appeal or refusal”. She said platforms must offer alternative methods for those uncomfortable providing government identification.
When questioned about data storage concerns, particularly for platforms owned by foreign companies such as TikTok, Inman Grant said any data collected specifically for age assurance must be deleted after use under the legislation.
According to reporting by the ABC, face-scanning technology tested on school students could only guess their age within an 18-month range in 85 per cent of cases. The trial also found 16-year-olds were falsely rejected 8.5 per cent of the time.
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The margin of error poses particular challenges for the 16-year threshold. Studies by the United States’ National Institute of Standards and Technology show algorithms “fail significantly when attempting to differentiate minors” of various ages. Even the best age-estimation software, Yoti, has an average error of one year. At worst, some software mistakes an age by 3.1 years on average, meaning 16-year-olds could be assessed anywhere from 13 to 19.
RMIT professor Lisa Given, who analysed the government’s policy, said: “I don’t think the ban is viable”.
Adding to the confusion, significant uncertainty remains about which platforms will actually be captured by the ban. While Instagram, TikTok, Facebook and Snapchat are explicitly named, popular gaming platforms like Roblox, Fortnite and Minecraft have been excluded. Communications Minister Anika Wells has repeatedly said online games pose fewer harms than social media platforms, though academics warn that many children spend more time online in these games than on TikTok.
Google and YouTube have reportedly conveyed to the eSafety Commissioner that they don’t consider themselves covered by the ban, despite Inman Grant’s preliminary assessment that YouTube should be included. She told the Senate hearing that the office has “a different view” and will continue engaging with the platforms, though companies can dispute their designation and “provide additional information that will change the assessments”.
Minutes from a March advisory board meeting have also revealed Apple “has been unresponsive, despite multiple outreach attempts”, while Meta chief executive Mark Zuckerberg indicated in January that his company would “push back more aggressively against international regulations that threaten its business model”.
Meta chief executive Mark Zuckerberg has flagged resistence to regulation.Credit: Bloomberg
Wells has repeatedly characterised the ban as being “on the side of parents and not platforms”, with surveys showing nine out of 10 Australians support the idea. However, the same surveys reveal nearly 80 per cent of respondents have privacy and security concerns about implementation.
Inman Grant defended the government’s approach at the hearing, saying: “I think it’s bold and it’s novel, and there is no playbook to write it.”
“New Zealand’s passed a similar law. Papua New Guinea’s passed a similar law. There are 15 countries in Europe that are looking to us,” she said.
Inman Grant told senators her office would release resources, including seminars, webinars, how-to guides and conversation starters, in the coming week to help parents and teenagers prepare for the “monumental event” of the ban’s start on December 10.
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