Up to 45 Billion KRW Fine for Allowing Minors to Join SNS... Background of Australia's Tough New Law [Sexual Exploitation, Out]

We Asked Australia's eSafety Commissioner
Setting a Minimum Age to Prevent Grooming and Sexual Exploitation
Strengthening Platform Responsibility and Cooperating with the Youth Committee

Editor's NoteChild and adolescent prostitution is defined as sexual exploitation. This is because children and adolescents, whose capacity for sexual self-determination is underdeveloped, cannot be regarded as subjects of sexual consent or contractual agreement. Children and adolescents who quickly form a sense of intimacy online through social media, messengers, and anonymous platforms are now more easily drawn into sexual exploitation crimes than in the past. According to the Central Digital Sex Crime Victim Support Center of the Korea Women's Human Rights Institute, one in four people (27.8%) who received support for digital sex crime victimization last year were teenagers. Compared to 2023, the number of teenage victims supported by the center increased by more than 600 (an increase of 3.3 percentage points). Child and adolescent sexual exploitation crimes are clearly sexual abuse. This article examines whether there are ways to prevent such crimes and what specific measures are needed, based on real-life cases.

Australia has become the first country in the world to prohibit children and adolescents under the age of 16 from creating accounts on certain social networking services (SNS). Under the so-called "Online Safety Amendment" (Minimum Age for Social Media), SNS platform companies operating in Australia must establish and implement systems capable of effectively enforcing age restrictions starting this December.

Violations of the law can result in fines of up to 50 million Australian dollars (approximately 45 billion KRW). Despite some criticism from the industry that the regulation is excessive, the eSafety Commissioner (hereafter eSafety) emphasized that the law must be enforced firmly to protect children and adolescents from online risks and exploitation.

"By setting a minimum age, we can protect children and adolescents from high-risk online environments such as sexual grooming, bullying, and exposure to inappropriate content."

In an interview with Asia Economy, an eSafety spokesperson responded in this way when asked about the significance of the SNS age restriction that will take effect at the end of this year. eSafety is the official government agency that comprehensively manages illegal activities occurring online.

The comprehensive review of age restriction measures in Australia was prompted by a series of cases in which children and adolescents took their own lives due to online bullying via SNS. In addition, various crimes have been broadcast in real-time through SNS accounts, and issues of sexual abuse have also come to the fore.

Up to 45 Billion KRW Fine for Allowing Minors to Join SNS... Background of Australia's Tough New Law [Sexual Exploitation, Out]

Youth SNS. Getty Images

Recently, eSafety conducted a survey of 1,004 Australian adolescents aged 16 to 18 regarding their actual experiences with online pornography. Three out of four (74.8%) said they had been exposed to it. Four out of ten (39.1%) said they first encountered online pornography before the age of 13. Among 4,011 Australian adults, 2.8% reported receiving requests related to child sexual exploitation in the past year. The proportion of people who publicly shared children's photos or information online was significantly higher, and the rate of receiving such requests was higher among men, younger people, people with disabilities, those from different linguistic backgrounds, and those who had experienced sexual or physical violence online.

The eSafety spokesperson stated, "Age restrictions can reduce the risk of online harm and sexual exploitation."

The legally defined age standard also relieves parents of the burden of having to decide whether their children should use SNS. The eSafety spokesperson said, "The responsibility for establishing and enforcing age verification systems now lies with the (platform) companies, not with parents or children." The spokesperson added, "A legally defined age standard allows adolescents and their peer groups to have a consistent benchmark," and explained, "By providing children with more time to mature before starting SNS, it also enhances their emotional development and resilience."

eSafety expects that this legal measure will strengthen the social responsibility of SNS platform companies. The eSafety spokesperson said, "Platforms must verify age in a way that is both accessible and effective, while also protecting personal information."

With Australia taking proactive action, other countries around the world that are struggling with child and adolescent sexual exploitation are also moving quickly.

Image generated through artificial intelligence. DALL-E3

In Europe, including the United Kingdom, France, and Germany, regulations have been introduced requiring children and adolescents under the age of 16 to obtain parental consent to use SNS. Recently, New Zealand also announced plans to introduce legislation similar to Australia's SNS age restriction law. Catherine Wedd, a member of the National Party, proposed a bill that would require SNS platforms to verify users' ages and block account creation for minors under 16. New Zealand Prime Minister Christopher Luxon said, "This is not a political issue, but a matter for all of New Zealand," and called for bipartisan support.

The eSafety spokesperson stated that amending the law alone does not solve all issues related to the protection of children and adolescents, but that comprehensive and ongoing efforts are being made. The spokesperson added, "We are working in cooperation with teachers, parents, guardians, children and adolescents, and youth committees to ensure that they are well aware of the risks and are prepared to grow safely online as well."