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Australia Passes World-first Legislation to Ban Under 16 Kids from Social Media

Australia Passes World-first Legislation to Ban Under 16 Kids from Social Media
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Australia has passed landmark legislation to ban children and under the age of 16 from using major social media platforms such as TikTok, Instagram, Snapchat, and Facebook.

This move, described as a world-first, seeks to address growing concerns about the impact of social media on young people’s mental health and well-being. The legislation, which has bipartisan support, will come into effect at the end of 2025. However, its swift passage through parliament has sparked criticism, and tech companies, mental health experts, and independent lawmakers have voiced significant reservations.

The new law will require social media platforms to implement strict age-verification measures to block underage users, with fines of up to $50 million for companies that fail to comply. However, parents and young people who bypass these rules will face no penalties.

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Platforms exempt from the ban include YouTube, messaging apps like WhatsApp, and online gaming services, which the government says primarily support education, and health, or do not require logins for access. Many argue that these exemptions create inconsistencies and leave gaps in protecting young users.

The legislation was introduced and passed through parliament in a matter of days. It was tabled on a Thursday, referred to a Senate inquiry on the same day, and debated following a three-hour hearing the following Monday. Many stakeholders expressed concern about the limited time for consultation. A Senate inquiry report noted that nearly all submissions criticized the “extremely short” time frame.

Labor Senator Karen Grogan acknowledged the need for legislation but cautioned, “Legislation is a necessary tool, but it is not a panacea. Young people, and in particular diverse cohorts, must be at the center of the conversation as an age restriction is implemented to ensure there are constructive pathways for connection.”

The Greens, independents, and several Coalition MPs objected to the process, arguing it was rushed and lacked thorough scrutiny. Liberal MP Bridget Archer broke ranks with her party to vote against the bill in the House of Representatives, while Coalition senators Matt Canavan and Alex Antic crossed the floor in the Senate to join the crossbench in opposing it.

Tech Companies Raise Objections

The legislation poses a major challenge to the business models of social media giants, which rely heavily on teenage users for both engagement and advertising revenue. Meta, the parent company of Facebook and Instagram, expressed concerns about the process.

“We will respect the law, but we are concerned about the process which rushed the legislation through while failing to properly consider the evidence, what industry already does to ensure age-appropriate experiences, and the voices of young people,” it said in a statement.

TikTok echoed these sentiments, calling the law “rushed” and “unworkable,” adding that it is riddled with “unanswered questions and unresolved concerns.” Snapchat-owner Snap Inc. warned that previous international efforts to enforce mandatory age verification had largely failed. X, formerly Twitter, also criticized the law, raising “serious concerns as to the lawfulness of the bill.”

Platforms like YouTube and messaging services such as WhatsApp and Discord are exempt from the restrictions, even though they too have been associated with risks such as cyberbullying and grooming. Critics argue these exemptions undermine the law’s intent.

Lucy Thomas, co-founder of the anti-bullying organization Project Rockit, cautioned: “We need to tread very carefully or we risk dialing back young people’s rights and pushing them into more isolated, less supported places.”

Mental Health Experts Divided

The law has also divided mental health experts, with some backing the restrictions and others warning of unintended consequences. Clinical psychologist Danielle Einstein, who supported the campaign to raise the age for accessing social media, said, “I don’t see any mental health benefits for young people from using social media.”

However, Nicole Palfrey from Headspace offered a more nuanced view, highlighting the importance of balancing harm reduction with the benefits of connection, particularly for youth in remote areas.

She explained: “When we hear from psychologists and parents, they are very much confronted with [the] pointy end; they only see the harms, and I think that’s incredibly valid. But social media can also provide critical support and help-seeking opportunities.”

Global Implications and Enforcement Challenges

The legislation marks a significant escalation in global efforts to regulate social media amid growing concerns about its links to mental health issues, online scams, lower academic performance, and grooming. If successful, Australia’s measures could inspire similar actions in other countries, further increasing pressure on tech companies to adapt their practices.

However, enforcement remains a key question, as the government has ruled out requiring Digital IDs for age verification. This decision leaves the implementation of age-verification measures in the hands of social media platforms, raising doubts about the law’s practicality.

Despite these issues, proponents of the law argue that it represents a crucial step in protecting young Australians. Labor Senator Grogan emphasized, “We cannot allow platforms to prioritize profit over the mental health and safety of our children.”

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