Leading the charge for the world

The Online Safety Amendment (Social Media Minimum Age) Bill passed Parliament in November 2024, making Australia the first country in the world to establish a legally mandated minimum age for social media use. The ban, which won't take effect for 12 months, is designed to protect young people in the age of prime brainrot.

Prime Minister Anthony Albanese framed the legislation as a response to growing concerns about mental health impacts: "We know social media is doing social harm. We want Australian children to have a childhood, and we want parents to know the Government is in their corner."

The legislation received bipartisan support, with both major parties backing the bill despite opposition from most crossbenchers and some individual Coalition members. Recent polling suggests the move is popular with the public, with 77% of Australians supporting the ban.

What's Covered and What's Not

While the legislation doesn't explicitly name banned platforms, it describes "age-restricted social media platforms" as services where a significant purpose is enabling "online social interaction" and where users can link to others and post material. This definition would include popular platforms like:

• Instagram

• TikTok

• Snapchat

• Facebook

• Twitter (i'm deadnaming it)

Importantly, several key digital services are excluded from the ban:

• Messaging apps like WhatsApp

• Online gaming services

• Health and education-related platforms like Headspace and Google Classroom

• YouTube

How It Will Work

The legislation places responsibility on the social media platforms, not on parents or young people. Companies will face fines up to $49.5 million if they fail to take "reasonable steps" to prevent under-16s from having accounts.

However, many questions remain about implementation. The bill doesn't specify exactly how platforms should verify users' ages, though it does prohibit them from requiring government-issued ID like passports or driver's licenses "as the only means" of age verification.

Communications Minister Michelle Rowland indicated that age verification trials are currently underway, with results expected by mid-2025. These trials are exploring various approaches, including credit card verification and facial recognition technology.

Mixed Opinions

Mental health experts have expressed varied views on the legislation. Some clinical psychologists like Danielle Einstein support the ban, arguing social media offers no mental health benefits for young people. Others have more nuanced positions.

Nicole Palfrey from Headspace emphasised the need to balance potential harms with benefits like connection and "help-seeking" online, especially for young people in remote areas. Lucy Thomas from anti-bullying organisation Project Rockit cautioned: "We need to tread very carefully or we risk dialling back young peoples' rights and pushing them into more isolated, less supported places."

The Australian Human Rights Commission criticised the government for rushing the legislation "without taking the time to get the details right. Or even knowing how the ban will work in practice."

The Road Ahead

With implementation set for late 2025, tech companies face significant challenges in verifying the age of not just new users but also existing account holders. Privacy concerns remain about how user data collected for age verification will be handled, though the legislation requires platforms to "ringfence and destroy" any information collected.

An independent review of the legislation will occur after two years to assess its effectiveness and privacy protections. Meanwhile, the government has also promised to impose a "digital duty of care" on tech companies, requiring regular risk assessments of their platforms' content.

As Australia embarks on this unprecedented regulatory approach, the world will be watching to see both its implementation and impact on young people's digital experiences.

[1] https://www.aph.gov.au/Parliamentary_Business/Bills_Legislation/Bills_Search_Results/Result?bId=r7284#:~:text=Online%20Safety%20Amendment%20(Social%20Media%20Minimum%20Age)%20Bill%202024,-Type%20Government&text=Establishes%20a%20minimum%20age%20for,an%20account%20with%20the%20platform.

[2] https://au.yougov.com/politics/articles/51000-support-for-under-16-social-media-ban-soars-to-77-among-australians

[3] https://www.pm.gov.au/media/albanese-government-delivers-world-leading-legislation-protect-children-online

[4] https://www.abc.net.au/news/2024-11-29/how-under-16-social-media-ban-will-work-remains-a-mystery/104662740

[5] https://www.abc.net.au/news/2024-11-28/social-media-age-ban-passes-parliament/104647138