UNIVERSITIES

Australia’s New Social Media Ban for Kids Explained

WORDS: Words: Caitlin Lea and Yvette Holt, Southern Cross University. PHOTOGRAPHY Southern Cross University

New legislation seeks to limit young Australians’ access to major social media platforms, but the potential impact is still up for debate.

Over two hours a day. Or 14.4 hours a week. That is how long Australian teenagers are reported to spend on social media platforms, according to the Australian eSafety Commissioner. The internet, and social media in particular, has played an increasingly significant role in the social and emotional lives of Australian teenagers. From Snapchat streaks to TikTok trends, ‘get ready with me’ reels, and group chats on Messenger – for many young people, it’s as much a part of daily life as doing homework or watching TV. But things could be about to change. Under a controversial new law, which comes into force at the end of 2025, youth under 16 will not be permitted to hold an account on social media platforms such as Facebook, Instagram, TikTok, Snapchat, and X.

Southern Cross University Law Lecturer Yvette Holt explains how ‘on paper’ this new legislation proposes to protect young Australians, but how it could have unintended – and harmful – consequences.“The Social Media Minimum Age Act amends the existing Online Safety Act. This requires age-restricted social media platforms to take reasonable steps to prevent anyone under the age of 16 from holding an account,” Ms Holt said. “This legislation is the first of its kind globally and places the obligation on social media companies, rather than parents, to ensure compliance.”

Southern Cross University Law Lecturer Yvette Holt

Currently, messaging apps and online games such as Fortnite and Minecraft do not fall under the ban. YouTube is also exempt due to its use for educational purposes. While social media companies will have a period of 12 months to comply with the new laws, once they are in effect, they are liable for penalties of up to $50 million for a corporation or $10 million for an individual if breached.Penalties do not apply to age-restricted users, or their parents, carers, or educators.

A national survey on children and social media by the eSafety Commissioner reveals that most 8 to 12-year-old children in Australia have used social media or messaging services, despite being under the age limit. So how will this new law be enforced? “The government is undertaking a trial on age assurance technology. By the end of the year when the law comes into effect, the government will be able to give a clearer outline of what constitutes reasonable steps for the purposes of the legislation. Social media platforms will then have a clearer picture about what’s expected of them,” Ms Holt said.

While the new law will encourage face-to-face over digital interactions for those affected by the ban, it may leave others feeling isolated or disconnected.
“We have to understand that this generation of children have grown up as digital natives and a lot of their social engagement and sense of community actually comes from the online world,” Ms Holt said. “Social media can really pull in two different directions for children. There are the very well-established harms, but it’s also quite important in helping marginalised children find their people. For example, children who are neurodiverse, children who are struggling with their mental health or their sexuality, or from a particular ethnic background, it can really help them find other kids in the same situation and to connect. It can also help regional and rural kids who might not have the same access to community.”

Southern Cross University Professor of Counselling, Ebi Cocodia

The ban will also restrict their ability to mobilise politically. A great example of this is Greta Thunberg and her powerful Student Strike for Climate that went global via social media in 2019. According to Southern Cross University Professor of Counselling, Ebi Cocodia, social media is a primary source of news and information for many young people. “A ban may lead them to seek information from less reliable or potentially harmful underground platforms,” Professor Cocodia said.
She says it can also lead to increased feelings of social isolation. “For young individuals who struggle with in-person social interactions, social media serves as a crucial means of connection. A ban could exacerbate feelings of loneliness and exclusion.”

Professor Cocodia says the social media ban could also lead to positive outcomes, including a reduction in cyberbullying, increased physical activities and outdoor engagement, strengthened social skills and face-to-face relationships, and improved academic performance.
“Educators often report that students struggle with concentration and productivity due to excessive social media use. A ban could potentially improve focus and academic outcomes,” she said. “Restricting social media use may also contribute to improved sleep patterns, reduced anxiety, and lower rates of depression among young people.”

A more effective approach than an outright ban might involve implementing measures to ensure young people’s safety while allowing them to engage with social media in a safe manner. “Government regulations should hold social media platforms accountable for safeguarding young people, while parental guidance and digital literacy programs can equip youth with the skills needed to navigate social media responsibly,” Professor Cocodia said.
“Social media use is deeply ingrained in contemporary society, and rather than prohibiting access, efforts should focus on protecting younger users from commercial exploitation and harmful online experiences.”

Law Honours student Jayne Phillips

Law Honours student Jayne Phillips takes the argument further, saying that greater regulation of social media platforms is required to protect adults, as well as children, from harm. “In fact, greater regulation is necessary to protect our system of representative democracy itself,” Ms Phillips said.
“Social media platforms should be required to ensure that the way in which they process users’ personal data is compatible with deliberative democracy, rather than being simply designed to ensure maximum online engagement and profit.”

Law lecturer Yvette Holt and Law Honours student Jayne Phillips discuss social media and the law on the Southern Cross University podcast. Search ‘SCU Buzz’ on Spotify, Apple Podcasts, or Soundcloud.