Australia introduces a ‘world first’ under-16 social media ban
Banki Haddock Fiora
An Australian commercial law firm specialising in intellectual property, technology and media law.
By Sophie Zhang and Jake Blundell
In a global first, Australia enacted the Online Safety Amendment (Social Media Minimum Age) Bill 2024 (Bill) on 29 November 2024, requiring social media platforms to restrict users under the age of 16, or face fines up to $49.5 million.
The Bill amends the Online Safety Act 2021?(Cth) (Act) to require certain "age-restricted social media platforms" to take "reasonable steps" to prevent users under the age of 16 from holding an account on their platform, with the aim of reducing risks of developmental harms associated with social media use.
Who does this apply to?
The Bill requires certain social media platforms to take steps to prevent "age-restricted users", defined as Australian children under the age of 16, from holding accounts.
The Bill also does not include any provisions for "grandfathering" existing accounts held by individuals under the age of 16. Once in force, its obligations will apply equally to both new and pre-existing accounts.
Which platforms are affected?
The reforms introduce obligations for certain “age-restricted social media platforms”, introducing a new category under the Act. A platform falls under this category if:
The Bill does not specify which companies the legislation would apply to, however a media release from the federal government indicates that platforms such as Snapchat, TikTok, X (formerly known as Twitter), Instagram, and Facebook are all expected to fall within the scope of the provisions.
Legislative exemptions have also been proposed by the government for messaging apps, online gaming services, and services with the primary purpose of education or health.
The obligations also do not restrict access to "logged-out" versions of social media platforms where users can view content on platforms without signing into an account.
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Onus on the platforms, not the users
The Bill does not dictate how platforms must comply with enforcing the minimum age obligation, instead requiring platforms to formulate written guidelines for taking "reasonable steps" to prevent users under 16 from holding accounts on the platforms.
The explanatory memorandum states that, at a minimum, the obligation will require platforms to implement some form of age verification or assurance mechanism. The completion of a pending age-assurance technology trial slated for mid-2025 is expected to provide guidance on the "reasonable steps" that social media service providers may be required to take.
The obligations are enforceable as a civil penalty provision, and platforms that fail to comply face a maximum penalty of 150,000 penalty units (equivalent to $49.5 million).
Where young people circumvent any reasonably appropriate measures put in place by the platforms, no penalties will be imposed on them or their parents and carers under the new provisions.
Privacy
The Bill also prohibits platforms from using information collected for age-assurance purposes for any other purpose, unless the individual consents to that purpose or another exception applies under the?Privacy Act 1988?(Cth).
Additionally, any personal information collected for age-assurance purposes must be destroyed after its use.
Where to from here?
The Bill will not come into effect until at least another 12 months from a date to be set by the Minister. A mandatory independent review will also be conducted within 2 years of the minimum age requirement taking effect.
Meanwhile, the government has also signalled its intention to introduce additional legislation, including a statutory Digital Duty of Care, aimed at requiring social media providers to continuously identify and mitigate emerging technological risks of their platforms.