General policy statement
This Bill seeks to protect young New Zealanders from the harms of social media by regulating access for individuals under the age of 16. The policy aims to:
reduce the risks to young people of cyberbullying, harmful content, and online exploitation
safeguard young users’ privacy from commercial exploitation and data breaches
encourage healthier social interactions and offline activities.
There are signs that social media use can have a negative impact on young people.
The Bill mandates that social media platforms implement strict age verification measures to prevent under-16s from creating accounts. It introduces regulatory oversight to ensure compliance and penalise non-compliant platforms. Additionally, it promotes digital literacy and public awareness programs to educate parents and children on safe online behaviour.
This approach is essential given the increasing negative impacts of social media on young users. Aligning with international efforts, including Australia’s recent policy shift, the Bill provides a proactive, enforceable solution to safeguard children while fostering a safer digital environment.
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.