On Thursday, Australia made headlines by passing a law that prohibits children under the age of 16 from accessing social media platforms, following a passionate national debate that showcased the divided opinions on the issue. This legislation stands as one of the most stringent regulatory measures aimed at major technology companies worldwide.
The new law mandates that social media giants—including Meta, parent company of Instagram and Facebook, as well as TikTok—must prevent minors from logging into their services or face substantial fines of up to A$49.5 million ($32 million or about ₹270 crore). A trial period for enforcement mechanisms will commence in January, with full implementation scheduled to begin in a year.
Dubbed the Social Media Minimum Age bill, this legislation positions Australia as a pioneering example for other governments contemplating similar age restrictions on social media amid rising concerns about the impact of such platforms on young people’s mental health.
While several countries, including France and certain states in the United States, have enacted laws requiring parental authorization for minors to access social media, Australia’s approach represents a more comprehensive ban. For instance, a full ban on under-14s in Florida is presently being contested in court over free speech issues.
The passage of the law capped off what was a lengthy final day of the parliamentary year, marking a notable achievement for Prime Minister Anthony Albanese’s center-left government. This political triumph comes at a time when Albanese is gearing up for an election in 2025 while his approval ratings have been declining. Although privacy advocates and some child rights organizations opposed the legislation, public support remains high, with 77 percent of Australians in favor, based on recent polls.
The backdrop to the legislation included a parliamentary inquiry throughout 2024, which gathered testimonies from parents of children who faced serious consequences from social media bullying, including instances of self-harm. Domestic media, notably Rupert Murdoch’s News Corp, the country’s largest newspaper publisher, actively campaigned for the ban under the slogan “Let Them Be Kids.”
However, the ban may complicate relations between Australia and its key ally, the United States. Elon Musk, owner of X, expressed concerns in a recent post, suggesting that the law might serve as a “backdoor way to control access to the internet” for Australians.
The legislation adds to the already tense relationship Australia maintains with several major technology firms, particularly those based in the U.S. Australia was the first nation to mandate that social media platforms compensate media organizations for content sharing and now aims to impose penalties on these companies for failing to combat scams.
A representative from Meta acknowledged the legislation but expressed concern about the expedited process, which they felt overlooked critical evidence, the efforts already made by companies to provide age-appropriate experiences, and the perspectives of young users.
“The focus must shift to productive dialogue regarding the rules associated with the bill to ensure a feasible implementation that does not unduly burden parents and teenagers,” a spokesperson from Meta stated.
Snap, the parent company of Snapchat, indicated it would adhere to Australian laws but also raised significant reservations about the legislation. “While there are many unanswered questions regarding the practical implementation of this law, we will collaborate closely with the Government and the eSafety Commissioner during the implementation period to develop a balanced approach addressing privacy and safety,” a spokesperson said in an email.
Representatives from TikTok and X, both of which are affected by the new law, did not immediately respond to requests for comment. Tech companies, including Alphabet’s Google, whose YouTube platform is exempt due to its extensive use in educational settings, had previously suggested that the legislation should be delayed until the age verification trial was completed.
“It’s putting the cart before the horse,” remarked Sunita Bose, managing director of the Digital Industry Group, which includes many social media companies. “We have the bill, but we lack guidance from the Australian government on the correct methods that various services must implement under this law,” she added in comments to Reuters.
Public Sentiment Divided
Some youth advocacy groups and academics voiced concern that the ban could isolate vulnerable young individuals, such as those identifying as LGBTQIA or migrant teens, from essential support networks. The Australian Human Rights Commission warned that the new law might infringe on the human rights of young people by limiting their ability to engage in societal participation.
Privacy advocates cautioned that the law could lead to increased data collection, raising concerns over potential state surveillance based on digital identification. A last-minute amendment to the bill requires platforms to provide alternatives to users uploading identification documents.
During a late-session debate in the Senate before the bill’s passage—with votes tallying 34 in favor and 19 against—Senator Sarah Hanson-Young of the Greens criticized the legislation as an overreach by older generations attempting to dictate how young people navigate the internet.
Conversely, parent advocacy groups pushed for legislative action, pointing to comments by U.S. Surgeon General Vivek Murthy, who stated in 2023 that social media exacerbates a mental health crisis among youths to the extent that it should come with a health warning. Ali Halkic, an Australian anti-bullying advocate, voiced support for age limits, arguing that it empowers parents, particularly following the loss of his son to social media bullying in 2009.
Enie Lam, a recent 16-year-old graduate high school student, expressed reservations about the blanket ban, asserting that while social media poses significant risks, it may push young people toward more dangerous, unregulated areas of the internet. “It will only foster a generation adept at circumventing these restrictions,” Lam stated. “While we recognize the harms of social media, a general ban has drawn strong resistance from many young voices.”
© Thomson Reuters 2024
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