The Australian Government has unveiled groundbreaking legislation that will set a minimum age requirement of 16 years for social media use, marking a significant shift in digital policy aimed at protecting young people online.
The Online Safety Amendment (Social Media Minimum Age) Bill 2024 places the responsibility squarely on social media platforms to prevent users under 16 from creating accounts. The legislation will affect major platforms including Snapchat, TikTok, Instagram, and X, while preserving access to essential services such as messaging, online gaming, and educational platforms like Google Classroom and YouTube.
Under the new law, digital platforms could face penalties of up to $49.5 million for systematic violations of these requirements. The legislation includes robust privacy protections, requiring platforms to isolate and delete any information collected during age verification processes to protect all Australians’ personal data.
Prime Minister Anthony Albanese emphasised the government’s commitment to protecting children’s wellbeing. He acknowledged that while some young users might find ways to circumvent the restrictions, the legislation sends a clear message to social media companies about their responsibilities.
However, the Australian Human Rights Commission has expressed ‘serious reservations’ about the ban. The Commission warns that while the legislation aims to protect children from online harms, it could significantly impact various human rights, including freedom of expression, access to information, and the right to association. They particularly note that social media serves as a vital platform for young people to share ideas, access diverse perspectives, and participate in social and cultural activities.
The Commission suggests less restrictive alternatives, such as placing a legal duty of care on social media companies to make their products safer for children while maintaining access. They also highlight the importance of teaching digital literacy and online safety through the national curriculum.
