Senate debates Bills

Online Safety Amendment (Strengthening Enforcement for the Social Media Minimum Age) Bill 2026; In Committee


Sarah Henderson

Sarah Henderson Victoria, Liberal Party, Shadow Minister for Communications and Digital Safety

7:03 pm

by leave—I move amendments (1) and (2) on sheet 4059:

(1) Clause 2, page 2 (table), omit the table, substitute:

(2) Schedule 1, page 4 (after line 8), after item 5, insert:

5A After Part 4A

Insert:

Part 4B — Algorithmic transparency requirements

63L Application of Part — large age-restricted social media platforms

This Part applies to a provider of an age-restricted social media platform in a financial year if the annual turnover (within the meaning of the Corporations Act 2001) of the provider during the last financial year is more than $100 million.

63M Public transparency requirements

(1) Subject to section 63P, a provider to which this Part applies must make publicly available, free of charge and in a readily accessible form, the information specified in subsection (2).

(2) The following information is specified:

(a) for each system used materially to select, rank, recommend, promote, demote or otherwise determine the prevalence or prominence of content, accounts or search results for end-users in Australia of the age-restricted social media platform:

(i) the algorithmic logic and decision-making architecture of the system; and

(ii) the material factors, inputs and signals relied upon; and

(iii) the material parameters, thresholds and weightings applied; and

(iv) an explanation of how those factors affect the content presented to end-users;

(b) for each automated system used materially to identify, classify, remove, restrict, promote, demote or otherwise moderate content or accounts in relation to end-users in Australia of the age-restricted social media platform:

(i) the algorithmic logic and decision-making architecture of the system; and

(ii) the material rules, criteria, inputs, parameters, thresholds and weightings applied; and

(iii) the circumstances in which content or an account is referred for human moderation; and

(iv) the policies and rules governing automated and human moderation and any review or appeal; and

(v) information about the accuracy, error rates and material limitations of the system;

(c) for each system used to determine, estimate, infer, verify or assure the age of an end-user in Australia of the age-restricted social media platform:

(i) the algorithmic logic and decision-making architecture of the system; and

(ii) the manner in which the system is implemented; and

(iii) the categories of information and data relied upon; and

(iv) the material decision rules, parameters and thresholds applied; and

(v) the circumstances in which an end-user is referred to another method of age assurance or required to provide additional information; and

(vi) information about the accuracy, error rates and material limitations of the system, including false positive and false negative rates where available.

63N Information must be meaningful and current

(1) Information published in accordance with section 63M must be sufficiently detailed to permit meaningful independent scrutiny of how the relevant system operates and its effect on Australian end-users.

(2) To avoid doubt, a provider does not comply with section 63M if the provider publishes information that is materially incomplete or misleading, excessively general or otherwise insufficient to support meaningful independent scrutiny.

63P Protection of safety, security and privacy

(1) Section 63M does not apply in relation to information to the extent that the publication of the information could reasonably be expected to:

(a) be a disclosure of personal information; or

(b) materially compromise the safety or security of an end-user or the platform; or

(c) materially assist a person to circumvent or defeat systems designed to protect children or prevent cyber attacks, fraud, spam, platform manipulation or other malicious activity.

(2) Section 63M does not apply in relation to information of a kind prescribed by the legislative rules.

63Q Compliance with this Part

A provider to which this Part applies must comply with this Part.

Civil penalty: 60,000 penalty units.

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