Australia passes law banning social media access for children under 16

Australia passed a law yesterday (28 November) that bans children under the age of 16 from accessing social media platforms.

Passed by the Australian Senate with a vote of 34 to 19, the Social Media Minimum Age Bill was approved by the House of Representatives with a vote of 102 to 13 on Wednesday (27 November). Since the bill had already received approval from the House, it has now officially passed through the Australian Parliament.

The laws place the onus on social media platforms – not young people or their parents – to take reasonable steps to prevent Australians under 16 years of age from having accounts. Social media companies that fail to do so will face fines of up to US$32 million. A trial of enforcement methods will begin in January 2025, with the ban set to take effect in one year.

The minimum age will apply to “age-restricted social media platforms” as defined in the bill, which includes Snapchat, TikTok, Facebook, Instagram, X and others, according to Australia’s communications minister Michelle Rowland.

“Importantly, the bill ensures that the law is responsive to the ever-evolving nature of technology, while enabling continued access to messaging, online gaming, and services and apps that are primarily for the purposes of education and health support – such as Headspace, Kids Helpline, Google Classroom and YouTube,” she added. 

Meanwhile, the bill does not specify its implementation, stating only that companies are expected to take reasonable measures to verify that users are 16 years or older. Further details will be provided after a trial of age-assurance technology is completed in mid-2025.

Australian prime minister Anthony Albanese said today (29 November) that the law supports parents worried about online threats to their children, according to AP. He added that platforms now have a social responsibility to prioritise the safety of kids.

Nearly 80% (77%) of Australians support the ban, up from 61% in an August survey, according to a YouGov survey released on Tuesday (26 November). All eight leaders of Australia's states and territories back the ban, while Tasmania's leader proposed that it should apply only up to age 14. The federal opposition also supports the bill, claiming it would have acted sooner, and has promised to implement a ban within 100 days if it wins next year's election.

In response to the passage of the law, a spokesperson from Meta, the owner of Instagram and Facebook, told MARKETING-INTERACTIVE in a statement that it is concerned about the process which rushed the legislation through while failing to properly consider the evidence, what industry already does to ensure age-appropriate experiences, and the voices of young people.

"Last week, the Parliament’s own committee said the 'causal link with social media appears unclear,' with respect to the mental health of young Australians, whereas this week the rushed Senate Committee report pronounced that social media caused harm. This demonstrates the lack of evidence underpinning the legislation and suggests this was a predetermined process," the spokesperson added. 

On the other hand, a spokesperson from Bytedance said in a statement that it is disappointed that the Australian government has ignored the advice of many mental health, online safety, and youth advocacy experts who have strongly opposed the ban.

"It's entirely likely the ban could see young people pushed to darker corners of the internet where no community guidelines, safety tools, or protections exist," the spokesperson added.

Moving forward, the spokesperson said it's critical that the Australian government works closely with industry to fix issues created by this rushed process.

On a similar note, a spokesperson from Snap said in a statement that it has raised serious concerns about the legislation, alongside various academics and experts, including the Privacy Commissioner and the Human Rights Commissioner.

"While there are many unanswered questions about how this law will be implemented in practice, we will engage closely with the Government and the eSafety Commissioner during the 12-month implementation period to help develop an approach that balances privacy, safety and practicality," the spokesperson added.

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According to prime minister Anthony Albanese earlier this year, the minimum age is to ensure that Australian children are better protected from online harms. 

“We know social media is causing social harm, and it is taking kids away from real friends and real experiences. Australian young people deserve better, and I stand with them and with all Australian parents in protecting our kids," said Albanese.

“The safety and mental and physical health of our young people is paramount. We’re supporting parents and keeping kids safe by taking this action, because enough is enough," he added at the time.

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