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Australia Proposes Landmark Legislation to Limit Social Media Use for Children Under 16

The Australian government has introduced what it describes as world-leading legislation aimed at protecting children from the harmful effects of social media. Prime Minister Anthony Albanese announced the proposal on Thursday, emphasizing the need to address growing concerns over the safety and well-being of young people online.

The new law would set an age limit of 16 years for children to access social media platforms such as X, TikTok, Instagram, and Facebook. If passed, the legislation would hold these platforms accountable for ensuring compliance, with penalties for breaching the age limit.

 

“We are calling time on the harm that social media is doing to our kids,” Albanese said in his announcement, stressing the need to take decisive action to curb the negative impacts of online platforms on children’s mental health and development. The legislation will be introduced to Parliament during its final two weeks in session this year, starting on November 18. Once passed, the age limit will take effect 12 months after the law’s enactment, giving social media platforms one year to implement the necessary changes and prevent children under the age of 16 from accessing their services.

 

Albanese further elaborated on the motivations behind the legislation, explaining that the decision followed consultations with parents, grandparents, and other concerned family members. “I’ve spoken to thousands of parents, grandparents, aunties, and uncles. They, like me, are worried sick about the safety of our kids online,” he said. The proposal comes at a time when governments worldwide are grappling with how best to regulate children’s use of smartphones and social media, platforms that have become an integral part of young people’s lives but have also raised concerns about issues such as cyberbullying, mental health problems, and exposure to harmful content.

 

Under the proposed legislation, social media platforms would be responsible for ensuring that children under the age of 16 do not have access to their services. The onus will be on the platforms to demonstrate that they are taking reasonable steps to prevent under-age users from joining. However, the law will not hold parents or children themselves accountable. “The onus will be on social media platforms to demonstrate they are taking reasonable steps to prevent access. The onus won’t be on parents or young people,” Albanese clarified.

 

Meta, the parent company of Facebook and Instagram, has stated that it would comply with any age limitations set by the government. “We will respect any age limitations the government wants to introduce,” said Antigone Davis, Meta’s head of safety. However, Davis also voiced concerns over the effectiveness of the legislation, suggesting that a deeper discussion was needed on how to implement protections for children. “Otherwise, we risk making ourselves feel better, like we have taken action, but teens and parents will not find themselves in a better place,” she said, advocating for stronger parental controls through app stores and operating systems.

 

X did not provide an immediate comment on the announcement, and TikTok also declined to respond. Meanwhile, the Digital Industry Group Inc. (DIGI), an advocate for the digital industry in Australia, criticized the age limit proposal as an outdated response to modern challenges. “Rather than blocking access through bans, we need to take a balanced approach to create age-appropriate spaces, build digital literacy, and protect young people from online harm,” said Sunita Bose, the managing director of DIGI. The group’s position reflects broader concerns in the digital industry about over-regulation potentially stifling innovation and failing to address the root causes of online harm.

 

In response to the proposed age limit, more than 140 academics, researchers, and professionals from fields such as technology and child welfare signed an open letter expressing their opposition. They argued that an age limit for social media use would be too blunt an instrument to effectively address the risks posed by online platforms. Jackie Hallan, a director at the youth mental health service ReachOut, shared similar concerns. She pointed out that a significant number of young people in Australia access mental health support via social media. “We’re uncomfortable with the ban. We think young people are likely to circumvent a ban, and our concern is that it really drives the behavior underground. If things go wrong, young people are less likely to get support from parents and carers because they’re worried about getting in trouble,” she said.

 

Child psychologist Philip Tam also expressed reservations, suggesting that a minimum age of 12 or 13 would be more realistic and enforceable. “My real fear, honestly, is that the problem of social media will simply be driven underground,” Tam said. Similarly, Associate Professor Faith Gordon from the Australian National University voiced concerns that separating children from social media platforms could create unnecessary pressures within families.

 

Despite these concerns, Albanese affirmed that there would be exceptions to the proposed age limit in certain circumstances, such as for educational purposes. However, parental consent will not override the age limit, meaning children under 16 would still not be able to access social media, even with their parents’ approval.

 

Earlier this year, the Australian government conducted a trial of age-restriction technologies in collaboration with the eSafety Commissioner, an online watchdog responsible for ensuring compliance with digital safety laws. The results of this trial will guide platforms in developing reasonable steps to prevent access by underage users. Communications Minister Michelle Rowland emphasized that the year-long grace period would help ensure that the age limit could be implemented practically and effectively. “There does need to be enhanced penalties to ensure compliance,” Rowland said, stressing that all companies operating in Australia, regardless of their country of origin, must comply with Australian law or face consequences.

 

The main opposition party in Australia has expressed in-principle support for the age limit proposal. Opposition lawmaker Paul Fletcher stated that social media platforms already possess the technology necessary to enforce such an age ban. “It’s not really a technical viability question, it’s a question of their readiness to do it and will they incur the cost to do it,” Fletcher told the Australian Broadcasting Corp. He also expressed confidence that well-crafted legislation could achieve the desired outcomes, despite resistance from some tech companies.

 

As the Australian government moves forward with this groundbreaking legislation, it remains to be seen how social media platforms will respond and whether other countries will follow suit. The proposed age limit represents a bold step in the global conversation about how to protect children in the digital age, but it also raises important questions about the balance between regulation, innovation, and the rights of young people to access information and communication tools.

 

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