Good legislation is quite precise about what the lawmakers intended. This bill puts the power in the hands of a government appointed 'eSafety commissioner', and no doubt the interpretations in Federal court when this is challenged.
I think this legislation has been very clear about what the lawmakers intend - that is that people under the age of 16 do not have access to social media.
I think it has also been made clear that it is the responsibility of businesses to take reasonable steps to ensure children under 16 do not access their service. 'reasonable steps' or similar definitions are not uncommon in law, and courts will have to decide on this.
The legislation won't prevent young people from using a VPN to bypass regulations, but lets not forget that:
- their parents now know it is illegal and have a responsibility not to allow that
- schools now know it is illegal - students accessing it at school are making a very different choice (ie: illegal behaviour on campus is different to 'phones are supposed to be in your locker'
Also, lets not forget that:
- if young people do access social media, a lot less of their peers will be there. The pressure and issues will be reduced.
- the next generation of kids growing up (ie: under 10 now) won't have nearly the same exposure as primary school aged children, will be less likely to want to use VPNs to bypass it, etc.