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Online Safety Amendment

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Online Safety Amendment (Social Media Minimum Age) Act 2024
Parliament of Australia
CitationOnline Safety Amendment (Social Media Minimum Age) Act 2024 (Cth) (No. 127 of 2024)
Territorial extentAustralia
Enacted byHouse of Representatives
Enacted bySenate
Assented to byGovernor-General Sam Mostyn
Assented to10 December 2024
Commenced11 December 2024
Legislative history
First chamber: House of Representatives
Bill titleOnline Safety Amendment (Social Media Minimum Age) Bill 2024
Bill citationOnline Safety Amendment (Social Media Minimum Age) Bill 2024 (Cth)
Introduced byMichelle Rowland
Committee responsibleSenate Environment and Communications Legislation
First reading21 November 2024
Second reading25 November 2024
Voting summary
  • 96 voted for
  • 6 voted against
  • 49 absent
Considered by the Senate Environment and Communications Legislation Committee26 November 2024
Consideration in detail27 November 2024
Third reading27 November 2024
Voting summary
  • 101 voted for
  • 13 voted against
  • 37 absent
Passed27 November 2024
Committee report"Online Safety Amendment (Social Media Minimum Age) Bill 2024 [Provisions] Report – November 2024".
Second chamber: Senate
Bill titleOnline Safety Amendment (Social Media Minimum Age) Bill 2024
Received from the House of Representatives27 November 2024
Member(s) in chargeJenny McAllister
First reading27 November 2024
Second reading28 November 2024
Voting summary
  • 34 voted for
  • 19 voted against
  • 24 absent
Third reading28 November 2024
Voting summary
  • 34 voted for
  • 19 voted against
  • 24 absent
Passed with amendments28 November 2024
Final stages
Senate amendments considered by the House of Representatives29 November 2024
Finally passed both chambers29 November 2024
Amends
Online Safety Act 2021
Summary
Bans certain social media platforms for those under the age of 16
Keywords
Child protection, social media, online communication, age restriction
Status: Current legislation

The Online Safety Amendment (Social Media Minimum Age) Act 2024 is an Australian Act of Parliament that prohibits minors under the age of 16 from holding an account on certain social media platforms. It is an amendment to the Online Safety Act 2021 and was passed by the Parliament of Australia on 29 November 2024.

The legislation was introduced by the Albanese government with the support of state and territory governments. It imposes monetary penalties on social media companies that fail to take reasonable steps to prevent minors under 16 that are located in Australia from having accounts on their services. The legislation allows the government to determine which social media platforms must ban age‑restricted users and proclaim a date for the commencement of the ban, with those provisions taking effect on 10 December 2025.

On 26 November 2025, the Digital Freedom Project announced it would commence legal action in the High Court of Australia against the new laws, saying they violate the implied right to political communication in the Constitution.

Facebook, Instagram, Reddit, Snapchat, TikTok, Twitter, Threads, Twitch, Kick, and YouTube were age‑restricted on 10 December 2025, with the possibility that more platforms may be added.

Background

The ban on access to social media by young people by the federal government originated in an entreaty by the wife of the premier of South Australia, 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.[1] The couple have four young children, and, thinking of them, the premier thought that government should play a part in helping parents to regulate use of social media by their children at home.[2] Malinauskas contacted former High Court chief justice Robert French, who agreed to look at the issue, and in September 2024 handed the premier a 267 page proposal, which he dubbed a "Swiss army knife" rather than a machete, to adjust to social media's "changing landscape and its complexity". The leaders of other states and territories gave their support to Malinauskas's idea, and he took the French report to the National Cabinet[2] to collaborate with chief ministers, premiers, and the prime minister.[3] Community support swelled after stories of parents who had lost their children to suicide after being bullied on social media were published. Albanese himself was moved by a personal letter received from Kelly O'Brien, whose 12-year-old daughter Charlotte had taken her own life owing to bullying.[2]

In early September 2024, South Australia proposed legislation similar to the federal law now in place. The state-based version was intended to ban users under the age of 14, unlike the federal law, which bans those under 16. The state-based law also proposed to require parental consent for 14 and 15‑year‑olds.[4] Later in September, prime minister Anthony Albanese announced that his government intended to introduce legislation to set a minimum age requirement for social media.[5]

In November 2024, the federal government indicated their intention to engage the Age Check Certification Scheme following a tender process for an age assurance technology trial.[6] The Albanese government's proposed ban was supported by the governments of every state and territory.[7] Albanese 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".[8] Albanese's statements followed an earlier pledge by Liberal opposition leader Peter Dutton to implement a ban on social media for under 16s within 100 days of being elected.[8]

The opposition organised an open letter signed by 140 experts who specialise in child welfare and technology.[5] The opposition was concerned about the invasion of privacy that will occur with the introduction of identification-based age checks.[5] An advocacy group for digital companies in Australia called the plans a "20th Century response to 21st Century challenges".[9] A director of a mental health service voiced concerns, stating that "73% of young people across Australia who accessed mental health support did so through social media".[9]

Implementation

Social media companies will receive a transition period of one year after the legislation is enacted to introduce reasonable controls preventing minors under the age of 16 from holding accounts on their services while physically located in Australia.[9] Enforcement will involve fines of up to A$49.5 million for companies failing to take such steps, with no consequences for parents and children who violate the restrictions.[10] There are no parental consent exceptions to the ban,[9] and while the use of virtual private networks (VPNs) to access these services[11][12][13][14] remains legal in Australia,[15][16] the services "are expected to 'try to stop under-16s from using VPNs to pretend to be outside Australia'."[17] The expectation to make best-efforts[18] to implement the ban applies to Facebook, Instagram, Reddit, Snapchat, TikTok, Twitter, Threads, Twitch, Kick and YouTube, while services used for healthcare, education and basic communication such as Messenger Kids, WhatsApp, Kids Helpline, and Google Classroom are expected to be exempt.[19][20]

In December 2025, Julie Inman Grant, the incumbent eSafety Commissioner, suggested these efforts include use by social media companies of various "signals" to identify children that are physically located in Australia (to counter "location-based circumvention") and in the target age range (to counter "aged-based circumvention"), and commented that costs for suitable VPNs (which start at a few dollars a month) are "in the thousands of dollars" and therefore out of reach of most teenagers.[21] That is, some social media companies are now obligated to become good enough at profiling Australian children under 16 to satisfy the Australian Government they tried to implement the ban to avoid being fined. Consequently, social media companies said they will try to identify restricted users using various methods including behavioural inferencing.[22] On 5 November 2025, it was announced that gaming platform Roblox will not be banned, but Reddit and live-streaming platform Kick will be added to the list of platforms to be banned.[23]

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.[24] In June 2025, the preliminary report was released, which stated that "there are no significant technological barriers" to implementing the ban.[25]

In late July 2025, Google warned that it would sue the Australian government if YouTube was included in the ban.[26][27] On 30 July, the government announced that it would extend its social media age limit to include YouTube, following advice from Grant.[28][27]

On 30 July 2025, the minister for communications, Anika Wells, published the Online Safety (Age-Restricted Social Media Platforms) Rules 2025, which specify exactly which types of social media platforms will be banned for certain users.[29]

On 31 August 2025, the full report was released, which stated that it would technically be possible to implement the ban; however, coordination among different services is required to successfully implement it. It also highlighted the benefits and flaws of different methods of age verification.[30]

On 16 September 2025, it was announced that the eSafety Commissioner will be able to take legal action against social media companies that have not pursued reasonable steps to bar users under the age of 16, and that fines can range up to A$49.5 million against these companies in court.[31]

On 19 November 2025, Meta announced that from 4 December their platforms (Instagram, Facebook, and Threads) would be removing users under the age of 16 ahead of the 10 December deadline. Users will be able to scan a face or provide an identity document to prove their age.[32]

On 21 November 2025, the eSafety Commissioner announced that the live-streaming platform Twitch will be included in the ban, but that Pinterest would not be.[33][34]

Platforms affected

The eSafety Commissioner Julie Inman Grant

The eSafety Commissioner Julie Inman Grant has stated that "there will not be a static list" of platforms that are age-restricted,[35] due to changing services and technology.

As of 21 November 2025, the following platforms are required to implement age restrictions:[36]

As of 21 November 2025, the following platforms are not required to implement age restrictions:[36]

Legislative history

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.[38][5][9] 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."[39][40]

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, 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.[41][42]

Senate

The Senate passed the bill, including government amendments, by a vote of 34 in favour, 19 against, the following day. The entire crossbench voted against the legislation, along with Alex Antic and Matt Canavan of the Liberal and National Party, respectively.[43] The House of Representatives then passed the bill again with these amendments.[19]

Reactions

Michelle Rowland
Anika Wells
Michelle Rowland (minister for communications who introduced the bill) and Anika Wells (current minister for communications)

An official at Meta, the parent company of Facebook, Instagram and WhatsApp, stated that the company would comply with any laws regarding age restrictions for children in Australia.[9] Snap, the owner of Snapchat, also confirmed its intention to comply with the legislation.[19]

Former High Court judge Robert French welcomed the passage of the legislation, describing it as "the basic sensible model". French had previously contributed to a review of similar proposed legislation in South Australia.[1]

A poll conducted by YouGov in November 2024 found that 77% of Australians supported the age limit.[44] Polling by The Sydney Morning Herald Resolve Political Monitor in December 2024 showed that 58% of respondents supported the policy. However, only 25% believed it would work, compared to 67% who thought it would not achieve its aims.[45] Similar polling in December 2025 indicated that 70% of voters endorsed the ban, while 15% opposed it. A majority (53%) of parents planned to selectively allow platforms for their children, 29% intended full compliance, and 13% said they would take no action. Confidence in the ban's effectiveness remained low, with 58% not confident compared to 33% who were fully confident.[46]

A 10 December 2025 Essential poll found that support was at 57%, a decrease from 67% support in late 2024. Opposition increased from 14% in 2024 to 22% in 2025.[47][full citation needed]

Criticism

The Law Council raised concerns about the implementation of the law, stating that the scope of the legislation is too broad and poses risks to privacy and human rights.[48]

The Privacy Commissioner, Carly Kind, expressed skepticism about the legislation.[49]

The Digital Industry Group voiced concerns about the implementation and potential impacts of the legislation.[19] TikTok described the legislation as "rushed" and warned it could push younger users into "darker corners of the internet".[1]

Leonardo Puglisi, founder of the youth-run news outlet 6 News Australia, has been a vocal critic of the legislation.[50][51] He also criticised the lack of consultation with affected young people.[51] Associate Professor Faith Gordon from the Australian National University argued that social media companies should have an "enforced duty of care" rather than being subject to outright bans.[51]

Concerns have been raised that LGBTQ+ and neurodivergent teens, as well as those in rural areas, could be cut off from communicating with peers in similar situations.[10]

In June 2025, ABC News reported that available age-verification systems did not always accurately detect a user's age.[52] After the ban came into effect in December 2025, ABC News reported "many children have already been able to get around the ban in various ways".[53]

On 26 November 2025, the Digital Freedom Project announced it would commence legal action in the High Court against the new laws, arguing that they violate the implied freedom of political communication in the Constitution.[54] The action is being undertaken by former Liberal Party candidate for Warringah, Katherine Deves, through the law firm Pryor Tzannes & Wallis.[55] On 4 December 2025, the High Court agreed to hear the Digital Freedom Project's challenge. The case will proceed under a special directions hearing, with arguments scheduled for 2026, the earliest available date being February.[56]

In addition to the Digital Freedom Project's challenge, Reddit is pursuing separate legal action in the High Court, with barrister Perry Herzfeld leading the case on behalf of law firm Thomson Geer.[57] Reddit's case also says "a person under the age of 16 can be more easily protected from online harm if they have an account, being the very thing that is prohibited" and says the law violates the Constitution by restricting political discourse of young people. Reddit also argues that it should be out of scope because it is a forum more oriented to adults. A judgement could be handed down by February 2026 with a judgement being made later in the year.[58]

In regard to legal action, a government spokesperson stated "The Albanese government is on the side of Australian parents and kids, not platforms"; minister Wells stated "We will not yield to intimidation. We will not be deterred by legal disputes"; and eSafety Commissioner Inman Grant stated "If the court makes a decision, we'll abide by it. It may be that the Commonwealth wins. It may be that some changes need to be made to the policy. Who knows? I'm just going to move forward, given there hasn't been any legal constraint placed on us."[58]

The governments of New South Wales, South Australia, and Western Australia announced that they would oppose the Digital Freedom Project's challenge.[59]

Google was also reportedly considering a legal challenge.[60]

See also

References

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Further reading

Retrieved from "https://en.wikipedia.org/w/index.php?title=Online_Safety_Amendment&oldid=1327578888"