Australia passes world's first law banning children under 16 from using social networks

The bill was passed amid warnings that the process was moving too quickly, and that the ban could push young people into dangerous areas of the dark web or into isolation, unable to access essential information and support.

The Australian Parliament passed the law in a bid to do what no government has done before, and to meet the demands of many parents to stop their children from using social media.

The new laws were introduced in response to comments by Prime Minister Anthony Albanese, who highlighted a “clear causal link between increased social media use and the negative impact on the mental health of young Australians”.

However, academics, politicians and advocacy groups have warned that a ban, as envisioned by the Australian Government, could backfire, pushing young people into dangerous areas of the dark web or leaving them feeling more isolated.

There are also questions about how the law will be implemented in practice. Many are concerned that the process is being rushed and that requiring users to prove their age could lead to social media companies collecting and using sensitive personal data. Even billionaire Elon Musk has expressed concern about the issue.

Accordingly, the amended online safety (minimum age for using social media) law prohibits social media platforms from allowing users under 16 years old to access their services, and imposes fines of up to $32 million on companies that do not comply with this regulation.

However, the law does not provide specific details on how it will be implemented, only requiring companies to take reasonable steps to ensure that users are 16 or older. Detailed regulations will be announced later, based on the results of a trial of age verification technology, which is expected to be completed by mid-2025. The law will not come into effect immediately, but will have to wait another 12 months.

The bill also doesn't specify exactly which companies would be affected, although Australian Communications Minister Michelle Rowland has suggested that platforms like Snapchat, TikTok, X, Instagram, Reddit and Facebook could be included in the ban. However, she has also said that YouTube would not be affected by the bill, given its "critical" role in providing educational content.

There were several comments before the bill was passed, including one from Amnesty International, which recommended that the bill not be passed, as "the ban could further isolate young people, which would not help achieve the government's stated goal of improving their lives."

Earlier, on November 19, the Australian Senate Environment and Communications Law Committee officially supported the bill, but with an important condition that social media platforms cannot ask users to provide personal information, including passport information. However, it is still unclear how social media companies will enforce age restrictions.

A survey by global market research and polling company YouGov released on November 26 showed that 77% of Australians support the ban, a sharp increase from 61% in the previous survey in August.

All eight of Australia's state leaders support the ban, although the Tasmanian leader has suggested it should only apply to children under 14. The federal opposition also supports the bill and has vowed to move forward, pledging to impose the ban within 100 days if it wins next year's election.

However, 140 experts have signed an open letter, expressing concern that the bill is “too simplistic and crude a tool to effectively address risk”.

One of their main concerns is that it could “create more risks for children who may still have access to the platform”, and that the ban would “impact children’s access and participation”.

The Australian Human Rights Commission also expressed "serious concerns" about the ban, warning that the regulations could "significantly interfere with the rights of children and young people".

“The voices of children and young people have been clearly overlooked in much of the debate and commentary,” wrote independent MP Andrew Wilkie in an op-ed for the Daily Mail.Guardian Australia, explaining why he changed his stance from supporting to opposing the ban.

“The government is running headlong into a brick wall without realising the consequences,” Christopher Stone, CEO of Suicide Prevention Australia, said in a statement.

“Complex issues like this require careful consideration and broad consultation, not hasty solutions. We urge the government to pause and work with stakeholders to ensure we do the right thing for our young people,” said Christopher Stone.