This page is about a bill. That means that it's not the law yet, but some people want it to be the law. It could change quickly, and some of the information is just a draft.

Social Media (Age-Restricted Users) Bill

Introduction

You could also call this:

"Breaking down the Social Media Bill into smaller parts to understand what it says"

Illustration for Social Media (Age-Restricted Users) Bill

The Social Media (Age-Restricted Users) Bill is a proposed new law. You will see it has many parts, called clauses. Each clause says what the law will do. The Bill starts with a title and says when it will come into force. You will have to wait six months after it is agreed to before it starts. It also says what the Bill is for and what some words mean. The Bill talks about social media platforms and what they must do. You will see it says they must try to stop age-restricted users from having accounts. It explains what this means and what might happen if they do not do this. The Bill also says what the court can do if a social media platform does not follow the rules. You will see it can give a penalty, which is a fine, and it says how much this can be. The court must think about some things when deciding on a penalty. The Bill says how the court case will work and what rules will apply. You will see it is like other civil cases, with the same rules and proof needed. The Bill can be changed with regulations and it must be reviewed after three years. You will see this is to make sure it is working as it should.

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This page was last updated on

View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=LMS1536435-clause-by-clause-analysis.


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General policy statement, or

"Keeping You Safe on Social Media"


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1: Title, or

"This law is about social media rules for younger users."

Clause by clause analysis

Clause 1 is the Title clause.

Clause 2 provides that the Bill comes into force 6 months after Royal assent.

1Preliminary provisions

Clause 3 states the purpose of the Bill.

Clause 4 defines the terms used in the Bill.

Clause 5 defines social media platform for the purpose of the Bill.

Clause 6 provides that the Bill, when enacted, will bind the Crown.

2Provider Duties

Clause 7 provides that a provider of an age-restricted social media platform must take all reasonable steps to prevent age-restricted users from having accounts with their platform.

Clause 8 identifies what constitutes reasonable steps in relation to the obligation placed on providers by clause 7.

Clause 9 outlines when a court may make a pecuniary penalty against a provider for failing to prevent age-restricted users from having accounts with their age-restricted social media platform.

Clause 10 outlines the maximum amount of pecuniary penalty that can be ordered by the court.

Clause 11 outlines the considerations that the court must consider when determining the amount of a pecuniary penalty.

Clause 12 provides the defences available to a provider if they fail to take reasonable steps to prevent age-restricted users from having accounts with their age-restricted social media platform.

Clause 13 provides that the proceedings under this subpart are civil proceedings and the rules of court and rules of evidence and procedure for civil proceedings apply (including the standard of proof).

3Regulations and review

Clause 14 provides that regulations may be made for the purposes of this Bill.

Clause 15 requires the Bill, once enacted, to be reviewed as soon as practicable after the third anniversary of its commencement.