cross-posted from: https://lemmy.ca/post/56628943
Do they have any rule that says you need a minimum number of users on a site to fall under the law?
If servers of someinstance.co.au fine if they move to hosting in Finland?
It just feels like a nightmare.
We need more instances to openly defy these evil laws
I’m guessing they could just say you must be over 16 to join/ use the instance. lemmy.zip did something similar to skirt the UK’s new porn laws.
https://en.wikipedia.org/wiki/Online_Safety_Amendment#Platforms_affected https://www.esafety.gov.au/about-us/industry-regulation/social-media-age-restrictions/which-platforms-are-age-restricted
eSafety does not have a formal role in declaring which services are age-restricted social media platforms. In the absence of any rules made by the Minister of Communications specifying a service is either an age-restricted social media platform or not an age-restricted social media platform, any determination that a service is or is not an age-restricted social media platform is a matter for the court.
Services which do not currently meet the definition of ‘age-restricted social media platform’ should routinely self-assess, including when introducing a new social feature or function or when observing changes in the ways existing and new account holders are using their service.
So technically they need to self-assess based on the legislation, but based on the published lists I really doubt they have anything to worry about.
