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• The Government is working on restrictions for social media use by those under 16.
• Education Minister Erica Stanford will lead efforts to explore legislative options and implementation strategies.
• Act opposes the National Party’s proposed bill, citing practicality issues and advocating for a select committee inquiry.

The Prime Minister says the Government is making work on restrictions to social media for New Zealanders under the age of 16 part of its official programme.

It will sit with Education Minister Erica Stanford, whose portfolio will be expanded to allow her to commission advice and direct officials from a range of departments on reducing social media harm for those under 16.

“Erica will work across Government to explore options for legislation and implementation and bring these to Cabinet for consideration,” Christopher Luxon announced on Sunday.

The National Party this week proposed legislation to ban social media for those under 16. However, as it’s a Member’s Bill, it needs to be drawn from Parliament’s ballot before proceeding. That means there is no guarantee politicians will end up debating it.

The bill’s progress could have been expedited had the Government picked it up, but Act announced its opposition to the legislation, claiming that in its current form, it was unworkable. Act instead proposed a select committee inquiry into the issue.

National’s legislation, sponsored by MP Catherine Wedd, will remain in the ballot as the Government does its work.

“I would like to thank Catherine Wedd for her advocacy so far and look forward to seeing how her members’ bill can feed into this process,” Luxon said.

Luxon said there had been an “overwhelmingly positive response from mums and dads” that made it “clear we need to progress options to restrict social media for under-16s”.

“I am concerned by the harm social media can cause young New Zealanders and I believe restricting access for under-16s would help protect our kids from bullying, harmful content and social media addiction,” he said.

“Australia is currently testing a range of options for restricting social media for under-16s, and the United Kingdom, the EU, Canada and states in the US are also exploring the issue.

“As part of her work, Erica will consider how these other jurisdictions are implementing restrictions and what could work in New Zealand, subject to Cabinet approval.”

Prime Minister Christopher Luxon (left) said Erica Stanford would lead the work. Photo / Mark Mitchell

An Act spokesman told the Herald that Sunday’s announcement showed why the party had opposed National’s bill: “Much more work is needed, with more options and input from more voices, before we dive headfirst into a ban.”

“Act believes we should instead watch Australia closely as it tries to implement its ban. There will likely be lessons for New Zealand.”

The legislation proposed by Wedd on Tuesday would require social media companies to verify if someone is over 16 before allowing them access to their platforms. It reflects a similar move by Australia, which has a ban coming into effect this year.

If picked from Parliament’s ballot and then passed, the legislation would also introduce financial penalties for platforms that fail to uphold age verification. The law would be reviewed three years after its implementation to assess its effectiveness.

When announcing the Member’s Bill alongside Wedd on Tuesday, Luxon said he hoped the Government would adopt it, expediting its progress through Parliament.

That would require the support of the leaders of Act and NZ First. While NZ First leader Winston Peters agreed the Government should back it, Act’s David Seymour said his party opposed it “because it is not workable”.

“Act is concerned about the practicalities of a ban,” Seymour said. “For example, requiring all social media users to provide government identification to social media companies would raise privacy issues.”

“The bill’s definition of ‘social media’ more or less includes the entire internet. For example, the bill says social media could be anything that ‘allow[s] end-users to link to, or interact with, some or all of the other end users’. Such a poorly drafted definition is unworkable.”

He instead called for the education and workforce select committee to hold an inquiry into the issue, which he believed would “hear all voices to find a workable solution that respects parental responsibility”.

David Seymour's Act Party isn't in favour of National's Member's Bill. Photo / Mark Mitchell

The next day, Act MP Parmjeet Parmar wrote to the committee asking it to hear from teachers, principals, technology experts, mental health professionals and parents among others.

“Act shares the concern that social media is causing harm to young people. But any government response must be grounded in evidence and respect parental responsibility,” she said.

Labour leader Chris Hipkins said he was “broadly supportive” of the bill but felt having consensus within the Government was important. He also wanted to see the details of the actual legislation being proposed.

Green Party co-leader Chlöe Swarbrick said she wanted to learn more about the potential ban, acknowledging the bill was simplistic.

Act takes on deepfakes

Meanwhile, Act MP Laura McClure on Sunday announced she would introduce a Member’s Bill she said would restrict the generation and sharing of sexually explicit deepfakes.

Deepfakes are digital images and videos created through artificial intelligence (AI) technology that appear to depict real or fictional people or events. They’re often made to show world leaders or celebrities saying or doing something they haven’t.

McClure said they can be made by anyone with “alarming ease” and “violate personal autonomy and self-ownership”.

“No-one should have to worry about their digital images being misappropriated and sexualised. This new form of bullying, shaming, and harassment can lead to profound psychological, reputational and emotional harm.

“What started as a problem for public figures and celebrities can now happen to anyone. Teachers and school leaders have told me this technology is already doing real harm to young people in New Zealand, and this abuse risks becoming normalised if we do not act urgently to ensure the law keeps up with technology.”

McClure said her legislation built on existing laws around revenge porn and intimate recordings. It would ensure people who produce or share deepfakes without consent face criminal accountability, while victims have pathways to seek redress and the removal of content.

“My bill amends the Crimes Act 1961 and the Harmful Digital Communications Act 2015 to expand the definition of ‘intimate visual recording’ to explicitly include images or videos that are created, synthesised or altered to depict a person’s likeness in intimate contexts without their consent.”

She said she’d be writing to the Minister of Justice urging him to adopt it as a Member’s Bill.

Jamie Ensor is a political reporter in the NZ Herald Press Gallery team based at Parliament. He was previously a TV reporter and digital producer in the Newshub Press Gallery office.