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Online Safety Amendment
Australian legislation From Wikipedia, the free encyclopedia
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The Online Safety Amendment (Social Media Minimum Age) Act 2024 (Cth) is an Australian act of parliament that aims to restrict the use of social media by minors under the age of 16. It is an amendment of the Online Safety Act 2021, and was passed by the Australian Parliament on 29 November 2024. The legislation imposes monetary punishments on social media companies that fail to take reasonable steps to prevent minors from creating accounts on their services. The provisions of the Act are expected to take force in December 2025.
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Background
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In 2024 in Australia, a plan was discussed to ban children from social media websites until they reach age 16.[1] Reuters traced the ban to an entreaty by the wife of South Australian Premier Peter Malinauskas to her husband. She requested that he read The Anxious Generation by Jonathan Haidt and take action to address the impact of social media on the mental health of children.[2] In November 2024, the government indicated their intention to engage Age Check Certification Scheme following a tender process for an age assurance technology trial.[3]
The plan is supported by the governments of every state and territory.[4] Prime Minister Anthony Albanese has described social media as a "scourge", and said "I want people to spend more time on the footy field or the netball court than they’re spending on their phones", that family members are "worried sick about the safety of our kids online", and that social media "is having a negative impact on young people’s mental health and on anxiety".[5] The opposition Coalition, led by Peter Dutton, has promised to implement a ban within 100 days of being elected, calling it one of his highest priorities.[5]
The opposition organised an open letter signed by 140 experts who specialise in child welfare and technology.[1] The opposition is concerned about the invasion of privacy that will occur with the introduction of identification-based age checks.[1] An advocacy group for digital companies in Australia called the plans a "20th Century response to 21st Century challenges".[6] A director of a mental health service voiced concerns, stating that "73% of young people across Australia accessing mental health support did so through social media".[6]
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Implementation
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Social media companies will be given a transition period of one year after the law is implemented to introduce reasonable controls to prevent minors under the age of 16 from having accounts on their services.[6] Enforcement will be through assessing fines social media companies up to AUD $50 million for failing to take such steps, with no consequences for parents or children that violate the restrictions.[6][4][7] There are no parental consent exceptions to the ban.[6] The ban is expected to apply to Facebook, Instagram, Reddit, Snapchat, TikTok and X (formerly known as Twitter) while services used for health care and education such as Messenger Kids, WhatsApp, YouTube, Kids Helpline and Google Classroom are expected to be exempt.[7][8]
A report by Age Check Certification Scheme, a UK company recruited by the government to consult on the technology used to implement the restrictions, was issued in June 2025 ahead of the December deadline to implement the ban.[9] In June 2025, the preliminary report was released which stated that "there are no significant technological barriers" to implementing the ban.[10]
In late July 2025, Google warned that it would sue the Australian government if YouTube was included under the government's social media ban for children below 16 years.[11][12] On 30 July, the government announced that it would extend its social media age limit to include YouTube following advice from eSafety commissioner Julie Inman Grant.[13][12]
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Legislative history
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On 21 November 2024, the Online Safety Amendment (Social Media Minimum Age) Bill 2024 was introduced into the federal parliament by the Minister for Communications, Michelle Rowland.[14][1][6] The bill was then referred to the Environment and Communications Legislation Committee of the Senate, which reported its findings on 26 November after having received 15,000 submissions. There was a 24 hour period for submissions to be made for or against the bill with the committee stating "Due to the short timeframe of this inquiry, the committee would appreciate submissions being limited to 1–2 pages."[15][16]
House of Representatives
On 27 November, the House of Representatives passed the Online Safety Amendment (Social Media Minimum Age) Bill 2024 by a vote of 101 in favour and 13 against. The governing Labor Party, all of the Coalition except for Bridget Archer, and four independent MPs voted in favour of the bill. Six independent MPs, all the Greens, Rebekha Sharkie, and Bob Katter voted against.[17][18]
Senate
The Senate passed the bill, with government amendments, by a vote of 34 votes in favour to 19 against the following day. The entire crossbench voted against this legislation, along with Alex Antic and Matt Canavan, of the Liberal and National Party respectively.[19] The House of Representatives then passed the bill again with these amendments.[7]
After passage
On 30 July 2025, the Minister for Communications, Anika Wells published the Online Safety (Age-Restricted Social Media Platforms) Rules 2025 which specifies exactly which types of social media platforms will be banned for certain users.[20]
Reactions
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An official at Meta, the parent company of Facebook, Instagram and WhatsApp, has stated that they intend to comply with any laws regarding age restrictions for children in Australia.[6] Snap, the owners of Snapchat have stated they intend to comply with the legislation.[7]
Former High Court judge Robert French praised the passing of the legislation, saying "the basic sensible model is in place". French had previously been part of a review for the proposed South Australian state legislation.[2]
A poll conducted by YouGov in November 2024 revealed that 77 percent of Australians surveyed were in favour of the age limit, with a further 87 percent agreeing that social media companies that failed to comply should face stronger penalties.[21]
Polling from The Sydney Morning Herald's Resolve Political Monitor shows that 58% of people support the policy, and 25% think it will work compared to 67% who think the policy won't achieve its aims.[22]
Criticism
The Law Council has raised concerns over how the law may be implemented, stating that the scope of the legislation is too broad and presents risks to privacy and human rights.[23]
The Privacy Commissioner, Carly Kind, has expressed scepticism regarding the legislation.[24]
The Digital Industry Group is concerned about the implementation and potential impacts of this legislation.[7] TikTok described the legislation as "rushed" and risked pushing younger users to "darker corners of the internet".[2]
A vocal critic has been Leonardo Puglisi, founder of the youth-run news outlet 6 News Australia.[25][26] Associate Professor Faith Gordon from the Australian National University argues that social media companies should have an "enforced duty of care" rather than being outright banned. Puglisi also criticised the lack of consultation with affected young people.[26]
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See also
- Bipartisanship § Australia
- Online Safety Act 2023, the United Kingdom equivalent law that was passed in 2023.
- Social media age verification laws in the United States
References
Further reading
External links
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