• Pamasich@kbin.earth
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    2 days ago

    Theoretically they did. Lemmy not complying isn’t their problem. Lemmy does fit the definition they use.

    According to the legal text, under Part 4A, Division 1, 63C, the requirements for a service to count as an age-restricted social media service are:

    • the sole purpose, or a significant purpose, of the service is to enable online social interaction between 2 or more end‑users
    • the service allows end‑users to link to, or interact with, some or all of the other end‑users
    • the service allows end‑users to post material on the service

    Additionally, it’s specified that additional legislative rules can be defined by the minister. So there seems to be exceptions for certain types of services added here:

    • services that have the sole or primary purpose of enabling end‑users to communicate by means of messaging, email, voice calling or video calling
    • services that have the sole or primary purpose of enabling end‑users to play online games with other end‑users
    • services that have the sole or primary purpose of enabling end‑users to share information (such as reviews, technical support or advice) about products or services
    • services that have the sole or primary purpose of enabling end‑users to engage in professional networking or professional development
    • services that have the sole or primary purpose of supporting the education of end‑users
    • services that have the sole or primary purpose of supporting the health of end‑users
    • services that have a significant purpose of facilitating communication between educational institutions and students or students’ families
    • services that have a significant purpose of facilitating communication between providers of health care and people using those providers’ services

    I don’t see an exclusion for small platforms or requirement for the platform to be major. So Lemmy definitely is affected by this too. Australia just can’t enforce it outside their country, so they can only go after Lemmy admins operating out of Australia. And they probably won’t unless someone reports the instance.

    • NarrativeBear@lemmy.world
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      2 days ago

      This is what’s also does not make sense to me.

      If every websites requires a age verification process then would that not affect average people that run their own blogs for example or any other type of website.

      What about people that run a wedding photo business and use a website to post and share wedding pictures with clients. Do they now need to implement and manage a age verification process, and what does a person like this do with all this personal data?

      This would make the barrier of entry for a random individual way to high yo even start a publicly facing website.