Australia Implements 'World-Leading' Social Media Ban for Under-16s

New Legislation to Protect Young Australians

Australia is poised to implement a significant new law, the Online Safety Amendment (Social Media Minimum Age) Bill 2024, which will prohibit children under the age of 16 from accessing certain social media platforms. Passed by Parliament on November 28, 2024, and receiving Royal Assent on December 10, 2024, the legislation is set to take effect on December 10, 2025. This move is described by the Australian government as a 'world-leading' effort to shield young people from the detrimental effects of online environments.

Prime Minister Anthony Albanese has been a vocal proponent of the initiative, emphasizing the government's commitment to child safety. He stated, 'This one is for the mums and dads... They, like me, are worried sick about the safety of our kids online.' The primary objective is to safeguard the mental health and wellbeing of Australian children and teenagers, addressing concerns such as cyberbullying, exposure to harmful content, and online predators.

Scope and Enforcement for Social Media Platforms

The new law places the responsibility squarely on social media companies, not on individual users or their parents. Platforms deemed 'age-restricted' will be required to take 'reasonable steps' to prevent individuals under 16 from creating or maintaining accounts. Non-compliant companies face substantial penalties, with fines reaching up to AUD $49.5 million (approximately $32 million USD) for systemic breaches.

The list of platforms affected includes major global services such as:

• Facebook
• Instagram
• TikTok
• Snapchat
• X (formerly Twitter)
• YouTube
• Reddit
• Twitch
• Threads
• Kick

Crucially, the legislation specifies that parental consent will not override the age restriction. However, certain services are exempt, including messaging applications, online games, and platforms primarily dedicated to education or health, such as Messenger Kids, WhatsApp, Kids Helpline, Google Classroom, and Headspace.

Age Verification and Privacy Measures

A key aspect of the ban involves the implementation of robust age verification systems by social media platforms. While the law does not mandate specific technologies, it requires platforms to demonstrate they are actively preventing underage access. Requesting government identification cannot be the sole method of age verification. The eSafety Commissioner is tasked with overseeing enforcement and providing guidance on acceptable age verification methods.

To address privacy concerns, the legislation includes strong provisions for handling personal data. Platforms are required to 'ring-fence' and destroy any data collected for age assurance purposes once it has been utilized. Failure to comply with these privacy stipulations could result in additional penalties.

Challenges and Broader Context

The implementation of this ban is not without its challenges. Two teenagers have initiated a High Court challenge, contending that the ban infringes upon free political communication. Despite such legal challenges, the government maintains that the law is a necessary step to enhance the online safety and wellbeing of young people.

The Australian government has also undertaken an Age Assurance Technology Trial, a $6.5 million initiative, to evaluate various age verification, estimation, and inference technologies. This trial aims to inform future regulatory guidance and ensure the effectiveness of the new measures in protecting children online.