Australia has taken a bold step in social media regulation, passing legislation that will ban children under 16 from having social media accounts. The new law, which garnered support from 77% of Australians, gives social media platforms 12 months to implement age verification systems or face hefty fines of up to A$50 million.
The legislation amends the Online Safety Act 2021 and targets platforms whose “significant purpose” is enabling online social interaction. While specific platforms haven’t been named, the law will affect services where users can interact with others and post content. Reports suggest that messaging apps like WhatsApp, gaming platforms like Minecraft, and services supporting health and education will be exempt.
Tech companies face significant challenges in implementing the ban. They must not only verify the age of new users but also existing account holders. While the law prohibits government-issued ID as the sole verification method, it remains unclear exactly how age verification will work. Options being considered include credit card verification and facial recognition technology, though both approaches have limitations.
The facial recognition option, currently under trial, has raised concerns due to known biases and inaccuracies. Research shows error rates vary significantly based on skin colour and gender, with some systems showing error rates as high as 35% for dark-skinned women.
Critics, including the Australian Human Rights Commission, argue the legislation was rushed through parliament without proper consideration of implementation details. The government has promised to impose a “digital duty of care” on tech companies, requiring regular risk assessments and better response to consumer complaints.
Under-16s will still be able to view content on many platforms without an account. The effectiveness of the ban will be reviewed after two years, with particular attention to privacy protections. The law marks a significant shift in social media regulation, though its practical implementation remains to be seen.
For a full reading of the law, see here.
