Youth, Social Media, and the Law

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Presentation transcript:

Youth, Social Media, and the Law Protection or Interference?

What are ageism and stereotyping? How does the law use age, and what does it mean? Law and social media: control or protection?

Ageism and stereotyping Setting the scene Ageism and stereotyping

Which Legal Team? Mary, Ron & Tony Beth & Alex

Ageism Stereotyping, prejudice or discrimination against or in favour of an age group Erdman Palmore Ageism: Negative and Positive (2005)

Stereotypes Age group Positive stereotypes Negative stereotypes Young people Middle aged people Older people

Stereotyping: wrong or right? Make sense of the world Inaccurately label individuals

Discussion Age discrimination involves using an ‘age proxy’ as a basis for treating people differently. When might this be justified? When not?

Young People according to the Law Discrimination: good or bad? Young People according to the Law

Law Reform Act 1995 (Qld) A minor is anyone under 18 Minors are not a ‘legal person’ Stereotype? Why have the category at all?

Who makes decisions for youth? Money Health Privacy Legal rights eg tort, contract Travel Relationships

Is it a person who can’t tell the difference between right and wrong as a legal concept? Is it a person who doesn’t understand the nature and consequences of a medical procedure? Is it a person who is not mature enough to get pregnant? Is it a person who believes in a principle ‘with the vehemence of youth’? What is a child?

Social media regulation: a case study

E-safety commissioner

Enhancing Online Safety for Children Act 2015 (Cth) ‘Cyber’-safety Online safety requirements Rapid removal of cyber-bullying material Request (tier 1 social media service) Notice (tier 2 social media service) End-user notices Tier 1: voluntary Tier 2: large Enhancing Online Safety for Children Act 2015 (Cth)

Online safety requirements Terms of use Complaints scheme Designated contact person

Evaluate different approaches Notices and civil penalties User regulation Difference between voluntary and required participation Provider regulation Private complaints mechanism Complaints Terms of use of the site Contract

‘Reasonable persons would regard as…offensive’ child pornography Criminal Code Act 1995 (Cth) sch 1, s473.1. 18yo child exploitation material Criminal Code Act 1899 (Qld) sch 1, s207A 16yo child abuse material Crimes Act 1900 (NSW), s91FB(1) ‘a child’ Interference? Protection?

Control v Protection Criminal offence Regulatory authority Laissez-faire Voluntary code Contractual terms Regulatory authority Criminal offence

Draft your own social media policy

@katgallow kategalloway.net