Australia passes world's 1st social media ban for under 16s, firms to be fined A$50 million for non-compliance

By Sunita Iyer | First Published Nov 28, 2024, 5:57 PM IST

Australia’s landmark social media ban for children under the age of 16 is set to become law after passing the Senate on Thursday.

Australia is set to impose world's first ban on children under 16 from using social media, following the approval of the world’s strictest laws by its Senate on Thursday. The legislation, which was supported by both Prime Minister Anthony Albanese’s Labor government and the center-right Liberal-National Opposition, will impose strict age restrictions on popular platforms like Facebook, Instagram, Snapchat, and TikTok.

Under the new laws, expected to take effect in about one year, children under 16 will be prohibited from creating accounts on these platforms. Social media companies will be held responsible for enforcing the ban, with fines of up to A$50 million ($32.4 million) for non-compliance. However, questions remain about how tech companies will verify users' ages, as the legislation does not outline specific methods for age assurance.

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Prime Minister Anthony Albanese has stated that the legislation is necessary to protect young people from the "harms" of social media, a concern that is widely supported by parent groups. However, critics argue that the specifics of how the ban will be implemented, as well as its potential effects on privacy and social connections, remain unclear.

This is not the first global attempt to restrict children's social media use, but it sets the highest age limit of any country and does not include exemptions for existing users or those with parental consent.

"This is a global problem and we want young Australians essentially to have a childhood," Albanese said when introducing the bill to the lower house last week. "We want parents to have peace of mind."

The bill, which passed the Senate late Thursday, will now return to the House of Representatives. With the government holding a majority there, it is expected to pass and move forward for final approval, before becoming law.

Exemptions and age-verification challenges

The legislation does not specify which platforms will be banned, with decisions to be made later by Australia’s communications minister, who will consult the eSafety Commissioner, an internet regulator tasked with enforcing the rules.

Gaming and messaging platforms are exempt, as are websites that don’t require an account, meaning platforms like YouTube are likely to be unaffected.

The government plans to implement age-verification technology to enforce the restrictions, with various options to be tested in the coming months. Social media platforms will be responsible for integrating these verification methods.

Global reactions and criticism of the legislation

However, digital researchers have cautioned that there are no guarantees the unspecified technology—potentially relying on biometrics or identity data—will be effective. Critics are also seeking assurances that privacy will be safeguarded.

Additionally, there are concerns that users may bypass restrictions using tools like VPNs, which can mask a user’s location and make it appear as though they are accessing the platforms from another country.

Children who manage to circumvent the rules will not face penalties.

Polling on the reforms, though limited, suggests that a majority of Australian parents and caregivers support the measures.

"For too long parents have had this impossible choice between giving in and getting their child an addictive device or seeing their child isolated and feeling left out," Amy Friedlander, who was among those lobbying for the ban, recently told the BBC.

"We’ve been trapped in a norm that no one wants to be a part of."

Many experts argue that the ban is "too blunt an instrument" to effectively address the risks of social media use, warning it could drive children to less regulated areas of the internet.

During a brief consultation period before the bill passed, Google and Snap criticized the legislation for lacking detail, while Meta called it "ineffective" and said it would not achieve its goal of enhancing safety for kids.

TikTok expressed concerns that the government’s definition of a social media platform was so "broad and unclear" that it could potentially encompass almost every online service.

X raised questions about the "lawfulness" of the bill, suggesting it may conflict with international regulations and human rights treaties that Australia has signed.

Youth advocates also accused the government of failing to fully understand the role social media plays in young people's lives and for excluding them from the debate.

"We understand we are vulnerable to the risks and negative impacts of social media… but we need to be involved in developing solutions," wrote the eSafety Youth Council, which advises the regulator.

Albanese has acknowledged that the debate is complex but has steadfastly defended the bill, emphasizing its importance in protecting children from the dangers of social media.

"We all know technology moves fast and some people will try to find ways around these new laws but that is not a reason to ignore the responsibility that we have," he has said.

Last year, France introduced legislation to block social media access for children under 15 without parental consent, but research showed that nearly half of users were able to bypass the ban using a VPN.

A similar law in Utah, USA, was struck down by a federal judge who ruled it unconstitutional.

Australia’s new laws are attracting significant global attention. Norway has recently pledged to follow Australia's lead, and last week, the UK’s technology secretary stated that a similar ban was "on the table"—though he later clarified, "not... at the moment."

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