In a controversial move, federal parliament has passed new legislation banning individuals under the age of 16 from creating accounts on certain social media platforms.
According to Prime Minister Anthony Albanese the legislation is needed to protect young people from the “harms” of social media, something many parent groups have voiced.
However, critics say questions over how the ban will work – and its impact on privacy and social connection – have been left unanswered.
The decision has sparked significant debate, with the critics accusing the government of rushing the bill through without adequately addressing its practical implementation.
The Australian Human Rights Commission (AHRC) has voiced strong objections, stating the legislation was hastily introduced without refining critical details.
“The government has pushed this through without taking the time to get the details right—or even knowing how the ban will work in practice,” the AHRC said.
Despite these concerns, the ban enjoys overwhelming public support. A recent poll reveals that 77% of Australians back the restrictions, which proponents argue are necessary to protect young users from online harms.
Speaking at a press conference on Friday, Prime Minister Anthony Albanese said the legislation would lead to “better outcomes and less harm for young Australians”.
“We don’t argue that its implementation will be perfect, just like the alcohol ban for under-18s doesn’t mean someone under 18 never has access — but we know it’s the right thing to do.”
Opposition spokesperson for communications, David Coleman, argued the legislation passed after the Coalition “negotiated changes which strengthened rules around privacy”.
“Under our changes, people cannot be compelled to provide Digital ID, or government-issued identity documents such as drivers licences or passports,” he said.
The Greens strongly criticised the passage of the bill, with communications spokesperson Sarah Hanson-Young labeling it “a sham bill that’s been through a sham process.”
Bill Exemptions
The government says the bill includes exemptions for certain platforms that offer “messaging, online gaming, and services primarily focused on education and health support,” such as Headspace, Kids Helpline, Google Classroom, and YouTube,
Legislation Amends Existing Online Safety Act 2021
The newly passed legislation amends the existing Online Safety Act 2021, introducing the term “age-restricted user” to define anyone under the age of 16.
Notably, the law stops short of identifying which social media platforms will be subject to the ban, leaving key details open to interpretation and future regulation.
According to an additional explanatory memorandum the government wrote that “no Australian will be forced to use government identification (including Digital ID) for age assurance on social media.”
“Age-restricted social media platforms can only collect government-issued identification information or material if other alternative age assurance methods have been provided to users,”
Fines Up To $49.5 Million
The bill could have significant implications for platforms like X, TikTok, Snapchat, Reddit, Instagram, and Facebook, which may face fines of up to $49.5 million for systemic failures to block under-16s from creating accounts or for mishandling age verification data.
The legislation does not explicitly address messaging apps like WhatsApp and Messenger or gaming platforms such as Minecraft. However, government sources have indicated these platforms would likely be excluded, along with services primarily focused on health or education.
Despite the assurances, questions remain about how exclusions will be determined and which platforms will qualify under these criteria.
Meta, one of the platform operators expected to be impacted by the new rules, responded early Friday morning, emphasising the importance of clear and practical implementation.
It also stressed the need to avoid placing an undue burden on parents and teens while ensuring consistent application of the rules across all social apps used by younger audiences.
Once the new law comes into effect within the next 12 months, all Australian social media users will be required to verify their age to access certain digital platforms
The world-first ban on social media access for individuals under 16 passed the Senate late Thursday night, with the final vote tallying 34 to 19 just before 11:30 p.m.
