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Comment on As of December 10th, You need to be sixteen to use Aussie.Zone

Zagorath@aussie.zone ⁨5⁩ ⁨weeks⁩ ago

Fwiw although the legislation says it applies to all social media, it seems as though the regulation that’s been imposed by the eSafety commissioner to actually implement that legislation relies on designating platforms. And AZ has not been designated. Only “Facebook, Instagram, Snapchat, Threads, TikTok, Twitch, X, YouTube, Kick and Reddit are age-restricted platforms”. So it seems as though there may not be any obligation for us to comply.

IANAL though, so take this with salt.

But if you are going to preemptively comply, taking the chinwag approach as you have seems like a pretty good method.

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zero_gravitas@aussie.zone ⁨5⁩ ⁨weeks⁩ ago
I had previously got a similar impression from the eSafety Commissioner’s publication of those lists of platforms, but it does not seem to be the case they are actually defining regulation there. The lists seem to be, essentially, only statements of intent about which platforms that eSafety will seek enforcement of compliance on.

See here: …gov.au/…/which-platforms-are-age-restricted

eSafety does not have a formal role in declaring which services are age-restricted social media platforms. In the absence of any rules made by the Minister of Communications specifying a service is either an age-restricted social media platform or not an age-restricted social media platform, any determination that a service is or is not an age-restricted social media platform is a matter for the court.

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notleigh@aussie.zone ⁨4⁩ ⁨weeks⁩ ago
I thought the same thing, but the trick mentioned on the esafety site is:

eSafety expects that all service providers with Australian end-users assess whether their services are age-restricted social media platforms and therefore required to comply with the SMMA obligation.

Now whether they can enforce (or care to enforce) is another thing. But they certainly seem to be pushing the obligation down to anyone running a service that could run afoul of the legislation.

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