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

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

3. Ageism and stereotyping
Setting the scene
Ageism and stereotyping

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

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

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

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

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

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

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

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

12. 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?

13. Social media regulation: a case study

14. E-safety commissioner

15. 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)

17. Online safety requirements
Terms of use
Complaints scheme
Designated contact person

18. 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

19. ‘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?

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

21. Draft your own social media policy

22. @katgallow
kategalloway.net