A social media ban for children can be considered as part of the review of Fiji’s online safety laws however, further consultation, particularly with children, is needed before deciding how such restrictions would work.
Speaking on the fijivillage Straight Talk Public Forum with Vijay Narayan, Fiji Law Reform Commissioner Valerie Narain said calls for some form of social media age restriction for children came strongly from parents during their public consultation.
However, there were no clear proposals from the public on what the age restriction should be or what form a ban should take.
She says different approaches are being considered internationally, including complete bans, restrictions during certain hours and daily limits on social media use.
Narain adds they were unable to consult many children during the review process, therefore more consultation would be important if a framework for social media age restrictions is proposed.
When questioned about how authorities could police or monitor a ban if Fiji decided that children below a certain age could no longer use social media, Narain said monitoring this could be particularly difficult because children may access platforms through their parents' accounts and families may share a single device.
She says age-assurance technology also raises concerns because some systems have largely been tested on demographics outside the Pacific.
She says age verification also raises privacy concerns because adults, as well as children, may have to provide information to platforms to verify their age.
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When asked about what age groups should be consulted if children are to have a say on laws governing their social media use and why those age groups must be consulted, Fiji Law Reform Commissioner David Solvalu said consultations would primarily target teenagers, who are more likely to be active internet and social media users.
However, he says consultation with children would have to be conducted through their parents and most likely educational institutions, with parental consent.
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Solvalu also says the approach being considered is to create a high-level framework through primary legislation, while the technical details could then be dealt with through subsidiary legislation following further consultation.
Meanwhile, Online Safety Commisisoner Filipe Batiwale says technology is effectively the new playground for children, where they socialise, meet friends and access entertainment, and therefore it is prudent to consider their views when designing policies or frameworks governing how they communicate and live in the virtual space.
He says whether it should be a blanket ban must be determined by proper evidence, data and statistics, and that a taskforce is already looking into the issue and working with the Law Reform Commission through the project.
When questioned about how efforts to make online spaces safer could avoid becoming mechanisms for restricting legitimate freedom of expression and whether safeguards would be reflected in the proposed framework, the commissioners said the current Online Safety Act does not specifically contain safeguards limiting the exercise of powers in order to protect legitimate freedom of expression.
They say specific protections for areas including freedom of the press and academic freedom are also not expressly provided for.
They say as they consider a more robust online safety framework, they want these safeguards clearly provided for in the law to ensure there are limits on the regulator's powers and legitimate expression is protected.
