Australia enacts social media ban for kids under 16, sets global standard

Following a heated national discussion, Australia enacted a social media ban for children under the age of 16 on Nov 28, setting a global standard with some of the strictest laws aimed at Big Tech.

TikTok, Instagram, Facebook's owner Meta, and other digital firms are required by the legislation to prevent minors from logging in, or risk fines of up to A$49.5 million (US$32 million).

The ban will go into effect in one year, and a trial of enforcement strategies will begin in January 2025.

On Nov 29, Australian Prime Minister Anthony Albanese said that the historic rule, which prohibits children under the age of 16 from using social media, will cause "less harm" to them.

“The crackdown on sites like Facebook, Instagram, and X, approved by parliament late Thursday, will lead to better outcomes and less harm for young Australians," he said.

Albanese compared the new rule to the sometimes-evaded alcohol prohibition for those under 18, acknowledging that the government did not anticipate flawless enforcement.

He said, "But we know that it's the right thing to do," during a Canberra news conference.

According to the PM, platforms now have a "social responsibility" to prioritize the safety of minors. "We've got your back, is our message to Australian parents," Albanese added.

Social media companies have called the rule "vague," "problematic," and "rushed." They risk fines of up to $50 million (US$32.5 million) for noncompliance.

Although the law will go into effect in one year, experts are concerned that it may become a symbolic piece of unenforceable legislation, as it currently provides very little information on how the rules will be implemented.

The Social Media Minimum Age bill positions Australia as a model for other governments that have passed laws restricting the age at which youth can use social media or have stated their intention to do so in response to concerns about social media's impact on young people's mental health.

While several US states and France have enacted laws restricting children's access without parental consent, the Australian restriction is absolute.

Florida's complete prohibition on children under 14 is being contested in court on the grounds of free speech.

The law’s passage at the end of Australia’s parliamentary year represents a political victory for center-left Prime Minister Anthony Albanese, who faces a 2025 election amid declining polling.

Recent polls show 77% of people support the prohibition, despite resistance from some child rights organizations and privacy advocates.

Rupert Murdoch's News Corp, the nation's largest newspaper publisher, launched a campaign called "Let Them Be Kids" to support the ban, following a parliamentary investigation through 2024 that heard testimony from parents of children who had self-harmed due to bullying on social media.

However, Elon Musk, the owner of X, said in a post this month that the restriction appeared to be a "backdoor way to control access to the internet by all Australians," which could strain Australia's ties with the United States, a crucial partner.

Additionally, it intensifies the already-existing animosity between Australia and tech giants based primarily in the U.S.

Apart from being the first nation to make social media companies pay media outlets royalties for sharing their content, Australia also plans to sanction them for failing to prevent scams.

The government has stated that the ban will impact Meta, TikTok, and X. The companies, including Alphabet's Google (whose subsidiary YouTube is exempt due to its widespread use in schools), have argued that the legislation should be postponed until after the age verification experiment.

"It's putting the cart before the horse," said Sunita Bose, Managing Director of the Digital Industry Group, which represents most social media companies.

"We have the bill, but we don’t have guidance from the Australian government on what methods services subject to this law should employ," Bose explained.

Some academics and youth advocacy organizations caution that the ban might cut off support systems for vulnerable youth, such as migrant teenagers and LGBTQIA+ youth.

According to the Australian Human Rights Commission, the regulation may violate young people's human rights by preventing them from engaging in social activities.

Meanwhile, privacy advocates warn that the bill might lead to increased personal data collection, opening the door to government surveillance based on digital identification.

Platforms must offer alternatives to requiring users to upload identification documents, according to a last-minute amendment to the bill.

"This is boomers trying to tell young people how the internet should work to make themselves feel better," said Sarah Hanson-Young, a Green senator, during a late Senate session shortly before the law passed 34 votes to 19.

In 2023, US Surgeon General Vivek Murthy stated that social media was exacerbating a juvenile mental health crisis to the point that it should carry a health warning. This prompted parent groups to advocate for intervention.

According to Australian anti-bullying activist Ali Halkic, whose 17-year-old son Allem committed suicide in 2009 due to abuse on social media, "I think it's a starting point to put an age limit and give the control back to the parents."

"For the 10-15 year-olds, the ban will be hard to manage, but the next generation—those who are seven, eight, or nine years old—if they don’t know what social media is, why is it important?" Halkic added.

Enie Lam, a 16-year-old Sydney student, stated that while social media contributes to body image issues and cyberbullying, a complete ban might push kids to safer, less visible areas of the internet.

"It will only create a generation of young people who will be more technologically literate in bypassing these walls," she said.

"It won't achieve the desired effects. We all know social media isn't good for us, but the ban is likely to meet strong resistance from young people,” she added.

Sunita Bose, Managing Director of the Australian Digital Industry Group (Digi), said, "It's putting the cart before the horse. We have the bill, but no clear guidance from the government on how services will comply with this law."

"This is a flawed bill that has no substance and doesn’t even take effect for another 12 months. It’s clear that the people behind this bill are out of touch with how young people engage with the internet," said Sarah Hanson-Young, Greens Party Senator.

Sarah Henderson, Liberal Party Senator, added, "We know there is widespread concern and evidence about the severe mental health impact of social media on children. We've seen disturbing global trends in youth mental health, especially among girls."

Leonardo Puglisi, a 16-year-old and chief anchor of 6 News Australia, warned, "I think this ban will stifle creativity, not just in Australia, but globally. Young people have used social media to explore their passions and build careers."

The Australian Human Rights Commission voiced serious reservations, saying, "These laws could significantly interfere with children's rights. While a ban may protect children from online harms, it will also limit important human rights."

Earlier this week, Meta Platforms, which owns Facebook and Instagram, said the ban "will fail to achieve its stated goals of making young people safer online" and is inconsistent with its intended outcomes.

"The bill, in its current form, overlooks the evidence from child safety and mental health organizations in Australia and internationally," Meta added.