Former National MP Parmjeet Parmar (9) looks set to start her third term as a lawmaker.

ACT MP Dr Parmjeet Parmar said she felt the committee members had some “predetermined solutions”.
Photo: RNZ / Blessen Tom

The ACT party believes the outcome of an inquiry it initiated was “predetermined”, after a select committee recommended introducing age restrictions for social media platforms.

It gave a “differing opinion” on most of the recommendations made, saying they fail to “clearly define the harm they are trying to address” and “risk undermining privacy and free expression”.

The Education and Workforce Committee inquiry into the harm social media causes for young people online showed the harm was significant, fast-moving and occurring on a global scale.

The list of recommendations to the government and private sector also included establishing a national regulator and regulating deepfake technology.

The New Zealand government has explored options of a social media ban after Australia implemented one, with National keen to progress with one before the end of this term.

National MP Catherine Wedd submitted a member’s bill to legislate a ban, while the education minister is doing separate work around regulation.

ACT opposed a ban, with MP Dr Parmjeet Parmar instead requesting an inquiry by Parliament’s Education and Workforce Committee into social media harm.

Following the release of the report Parmar said the committee was supposed to explore “properly” how social media could be regulated.

She said she felt the committee members had some “predetermined solutions”, and jumped to those rather than doing the work properly.

Parmar used the social media ban for under-16s as an example, “the whole thing was centred around that,” but she said the advisers didn’t provide advice on the issue.

National Party MP Catherine Wedd in select committee.

National MP Catherine Wedd submitted a member’s bill to legislate a social media ban for young people.
Photo: VNP / Phil Smith

“The reason that was given was that minister Erica Stanford, is doing some work in that regard, so they didn’t want to provide advice to the select committee.

“That really undermined the role of the Select Committee as well, because select committee should have done this work independently of government, and that’s where I’m really disappointed that we didn’t seek that advice.”

There was a material gap in the evidence heard and advice received, and the majority of the select committee jumped to recommend a social media ban for under 16 year olds, she said.

Parmar was also critical of the recommendation of regulating or banning certain apps, asking “how do you define ‘nudify’ apps?”

“That’s the question here, and that was unexplored properly.”

Behaviour should be regulated, rather than technology, she said.

“We don’t want to ban technology, we want to actually regulate the behaviour, because technology will keep evolving.”

The select committee report

National’s Committee Lead on the Inquiry Carl Bates said the report made clear that “the harm young New Zealanders are facing from online platforms is significant. It is fast-moving and occurring on a global scale”.

He said New Zealand should be a “fast-follower” in this space as opposed to a “first mover”, both lagging behind other countries and trying to be unique in the approach could result in “less effective outcomes for our young people.”

National MP Carl Bates asks a patsy during Scrutiny Week.

National’s Committee Lead on the Inquiry Carl Bates made clear the harm young people were experiencing at the hands of social media.
Photo: VNP/Louis Collins

“This is a step towards important, timely action,” he said.

Labour backed the report, saying it confirmed the party’s long held view that keeping young people safe online required more than simply setting an age limit.

Labour’s technology and innovation spokesperson Reuben Davidson said the report meant there was a better chance now to “educate and empower parents, caregivers and young people about dangers online.”

“My Members’ Bill on Online Safety reflects the report’s direction. It would put three clear legal duties on online service providers to ensure their platforms are safer,” Davidson said.

New Zealand needed an independent regulator to make sure online platforms were safe, and to ensure social media companies could be held responsible for the harm they cause, he said.

Labour's Reuben Davidson arrives at Wellington Airport on 16 October 2023 following the election at the weekend.

Labour’s technology and innovation spokesperson Reuben Davidson.
Photo: RNZ / Angus Dreaver

“We also need clear rules to control deepfake technology and a ban on “nudify” apps, which pose real risks to young people’s privacy and safety.”

He also said he was pleased to work constructively with National throughout the inquiry.

The recommendations would now be considered by Stanford.

What the committee heard:

Current laws are not fit for purpose
Online harm is serious and widespread
Harm can affect mental health, wellbeing, and development
Deepfake technology can be misused to create fake sexual images that cause serious harm
Algorithms can push harmful or extreme content
The design of online platforms can cause or exacerbate harms
Young people are exposed to harmful advertising
Parents want to help but lack clear support

What the committee recommended:

Address legislative gaps
Establish an independent national regulator for online safety
Review platforms’ liability for harm resulting from the content they host and the platform design
Introduce age restrictions for social media platforms
Ban “nudify” apps and prohibit the creation and distribution of nonconsensual deepfake sexual imagery
Regulate deepfake technology
Consider regulating algorithmic recommendation systems
Explore mandating algorithm transparency
Promote New Zealand-based research
Prevent online advertising of alcohol, tobacco, and gambling for under 18s
Educate and empower parents, caregivers, and young people

In terms of the recommendation to introduce age restrictions the report stated the majority of the committee considered the intervention “proportionate to the serious nature of the harm it would mitigate.”

It noted it did not have information on the government’s proposed approach so could not indicate the cost-effectiveness and financial implications of the intervention.

It also said the intervention was “highly intrusive” compared to the current absence of restrictions, but “most of us believe that the nature of the harms we have heard about – through evidence, anecdote, lived experience, and advice – warrants such intrusion.”

It could be implemented very quickly, and the committee hoped to see it in effect within the next 12 months.

“Most of us strongly support this intervention and wish to see it implemented as soon as practicable. We urge the government to commit to this as the most useful immediate solution to prevent further harm.”

The Green party also submitted a “differing view” regarding the age restrictions, because it did not believe that would address the concerns identified.

It said young people had told them they would find a way around the rules.

“Effective age restriction requires all users to provide personal identification to social media platforms, that already cannot be trusted to protect user information.

“We are sceptical that age restriction technology that does not infringe on the privacy of all users and is effective at preventing minors from accessing social media platforms exists.

“We are also concerned that age restrictions could drive youth from regulated platforms to other fringe, unregulated, and harmful platforms, undermining the purpose of age restrictions.”

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