On November 29, 2024, the Australian Government passed the Online Safety Amendment (Social Media Minimum Age) Bill 2024 to amend the Online Safety Act 2021. This amendment seeks to ban the use of social media for kids under 16 years of age. It’s the world’s first such law, and I think it does not solve the grave issue but creates more. Excessive use of social media is nowadays compared to a drug and alcohol addiction. They both are activities that our brain perceives as rewarding. Moreover, they have the potential to heavily affect our lifestyle choices and decision-making abilities. Yes, we require some sort of regulation on children’s and teenagers’ usage of social media. However, while seeking to protect them from the negative and harmful effects, a ban is not the answer.

Social Media’s Impact on Children and Adolescents

Social media profoundly impacts children and teenagers due to a complex range of positive and negative effects. Negative impacts of social media include exposure to cyber bullying, mental health challenges, and risky behaviours. Studies show that teenagers spending more than 3 hours daily on social platforms have a high chance of developing poor mental health and anxiety. Teenagers become addicted to digital validation and narcissistic tendencies with the feeling of “fear of missing out” (FOMO).

Social media also has many benefits, such as providing avenues for creative expression, raising global awareness, peer-based learning, and connectivity with supportive communities. Individuals develop technical and social skills, interact with diverse perspectives, and find platforms for empathy and self-expression. The secret is in balanced, supervised engagement that maximises positive interactions while mitigating potential harm through parental guidance, digital literacy, and awareness of online risks.

Australian PM Albanese said the legislation is necessary to protect young kids from the “harms” of social media. Many parent groups have supported this development. “We want our kids to have a childhood and parents to know we have their backs,” the PM told reporters. According to one poll, 77% of the Australian population showed their support for this bill.

Key Provisions of the Law

1. Age Verification

The new law sets the minimum age to create and hold an account on certain “age-restricted social media platforms” as sixteen. This category will include major social media services like TikTok, Facebook, Snapchat, Reddit, Instagram, and X (Twitter). Such platforms must take “reasonable steps” through assurance processes and technology to prevent children under 16 from having accounts. The amended law also provides additional obligations on the use, disclosure, and destruction of personal information collected for age assurance purposes.

The law also contains a categorical rule-making power to exclude certain services from the scope of “age-restricted social media.” Examples of such platforms include YouTube Kids, Google Classroom, and WhatsApp.

2. Implementation Details

The law will not take immediate effect and sets a minimum 12-month implementation period from the date decided by the responsible authority. The e-Safety Commissioner will develop guidelines on “reasonable steps” that platforms must comply with. All account holders (not just those under 16) will need to verify their age.

Social media platforms must destroy the collected personal information after use and verification. The law provides for strict limitations on how a platform can use or store verification data. The government said it will rely on age-verification technology to implement these restrictions, and options will be tested in the upcoming months. The onus will be on the social media platforms to add these processes themselves.

3. Penalties

The updated law has a civil penalty provision for non-compliance with a maximum penalty of 30,000 penalty units (~ $9.9 million) for individuals. For body corporates, the maximum penalty of 150,000 penalty units (~ $49.5 million).

Criticisms and Concerns

1. Pushing kids to dangerous, unregulated parts of the Internet

A major concern is that a strict and total ban would push kids to access social media platforms using VPN services and the dark web. Last year, France introduced legislation to block social media access for children under 15 without parental consent. However, research indicates almost half of users could avoid the ban using a VPN. Otherwise, experts argue what about parents that allow kids to access their social media, there is no mention of fine or penalty on individuals and parents. The PM argued, “We don’t argue that its implementation will be perfect, just like the alcohol ban for [children] under 18 doesn’t mean that someone under 18 never has access – but we know that it’s the right thing to do.”

2. Infringement on youths right to participate in society

Some youth advocacy groups and academics have warned that the ban could shut off the most vulnerable young people, including LGBTQIA and migrant teenagers, from support networks. The Australian Human Rights Commission said the law may infringe on the human rights of young people by interfering with their ability to participate in society.

3. Practical implementation, effective age verification, and privacy concerns

Implementing age verification while maintaining privacy standards is a big challenge. The possibility of verification data being misused is very high. Moreover, the Big Tech companies have questioned the lawfulness of this particular ban. Some experts have said that it is ineffective as it does not meet its aim of making a safe environment for children online.

Conclusion

Everything beyond a certain limit is harmful; the same goes for social media. Today’s teenagers understand technology way better than previous generations. It is extremely likely that they will find loopholes and ways around the ban. France is one such example. This will create additional problems for the Australian government. I feel this ban could push kids to access social media through unregulated parts of the Internet. A total ban is not the right solution to the problem as it also takes away the positives that social media brings. Other countries are also planning to roll out such legislations, as the world closely looks at Australia’s implementation of such a ban.