Australia has passed the Online Safety Amendment (Social Media Minimum Age) Bill, 2024, banning social media use for children under 16. Set to take effect within 12 months, this legislation is among the strictest globally in the push to regulate minors’ online activities. Social media companies must implement measures to prevent underage access or risk fines of up to $32.5 million (Sh 4.2 billion) for non-compliance.

Although the act does not explicitly state which platforms are banned, Australian Communications Minister Michelle Rowland, in consultation with the eSafety Commissioner, an internet regulator, will decide on the platforms. Nonetheless, platforms such as Snapchat, TikTok, Facebook, Instagram and X are expected to be affected by the law. Gaming and messaging platforms are exempt, as are sites that can be accessed without an account, meaning YouTube, for instance, is likely to be spared.

The growing trend of regulating children’s social media use

Unlike previous iterations of children’s social media regulations in other jurisdictions, Australia’s law enforces a blanket ban. The country has also set the highest minimum age limit:16 years. This has largely been due to parents’ concerns that children are being exposed to cyberbullying, scams, and adult content on these platforms. 

Further, in 2021, a Facebook leak revealed that, based on internally commissioned studies, the company was fully aware of Instagram’s negative impacts on teenage users and the contribution of Facebook activity to violence in developing countries. Buoyed by such incidents, governments worldwide are pushing to implement stricter regulations on social media use for children.

Last year, France introduced legislation to block social media access for children under 15 without parental consent. The United Kingdom’s Online Safety Act 2023 places legal obligations on tech companies to prevent and remove illegal content, including child sexual exploitation and abuse. A full under 14s ban in Florida, United States, is being challenged in court on free speech grounds. A law in the US state of Utah – which was similar to Australia’s – was overturned by a federal judge who found it unconstitutional.

At the national level, the United States has proposed the Kids Online Safety Act (KOSA) to establish guidelines to protect minors from harmful material on social media platforms through a “duty of care” system and requiring covered platforms to disable “addicting” design features for minors. There is also growing discussion of enacting a European Union-wide regulation for social media usage for minors.

Effectiveness of social media bans and balancing of rights

The ban, however, has faced strong pushback from big tech companies and privacy rights groups, which argue that it infringes on children’s freedom of expression and privacy. In Australia’s case, X questioned the “lawfulness” of the bill – saying it may not be compatible with international regulations and human rights treaties which Australia has signed. Youth advocates also decried the infringement of their freedom of expression through the platforms, while Meta said the bill would be “ineffective” as restrictions could easily be circumvented through tools like a VPN – which can disguise a user’s location and make them appear to be logging on from another country.

The Australian government, on the other hand, remains steadfast in its ban and plans to begin a trial of enforcement methods. This includes using age-verification technology, with the onus being on social media platforms to add these processes themselves. However, the use of such technology, including biometrics or identity information, could border privacy violations.

To address this conundrum, countries considering blanket bans and age restrictions should collaborate with big tech companies to encourage self-regulation. This can be achieved by adopting guidelines that protect children from the dangers posed by the internet. Such guidelines should also include effective reporting systems to address online abuse. An example is Safaricom’s Child Online Protection Initiative, which provides safe online tips for parents, guardians, and teachers, along with options for reporting online child abuse.

Australia has emerged as a test case for the increasing number of governments introducing or considering legislation to impose age restrictions on social media. Key stakeholders will closely scrutinise the enforcement mechanisms, which are likely to influence similar regulatory approaches in other countries.