As reported in The Parliamentarian (2024 Issue Four), the Online Safety Amendment (Social Media Minimum Age) Bill 2024 was passed by both Houses of the Australian Parliament on 29 November 2024 and has received international media coverage. The new Act is a world-first by introducing a legal minimum age of 16 to have an account on age-restricted social media platforms. The legislation is not the first attempt globally to limit social media use by children, however, the Australian law involves the highest age limit set by any country and does not include exemptions for existing users or those with parental consent.
The Minister for Communications, Hon. Michelle Rowland, MP said that the Act was intended to enable young people to use the internet in a safer and more positive way and would ‘signal a set of normative values that support parents, educators and society more broadly.’
The legislation does not specify which social media platforms will be banned, and this will be decided by the Minister with advice from Australia’s e-Safety Commissioner – whose organisation will help to enforce the rules. According to media reports, gaming and messaging platforms will be exempt from the new regulations as well as sites that can be accessed without an account (e.g. YouTube).
The ban on social media – which will not take effect for at least 12 months – could see tech companies fined up to A$50m ($32.5m; £25.7m) if they do not comply with the regulations. However, critics say that there are questions over how the ban will work in practice and the implications for privacy of individuals. Recent polling in Australia shows that a majority of the public support the legislation.