Australia Bans Social Media for Children Under 16: New Law Explained

Australia Bans Social Media for Children Under 16: A new bill was passed by the Australian Senate on Thursday so that children of young ages could be barred from using social media in what would soon become a world-first law.

This law will hold social media platforms including TikTok, Facebook, Snapchat, Reddit, X, and Instagram accountable for fines of up to AU$50 million (approximately US$33 million) for their systemic failures to ensure that children under the age of 16 do not hold accounts.

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The bill was approved in the Senate with a 34-to-19 vote margin. On Wednesday, the House of Representatives overwhelmingly backed the bill with an endorsement of 102 votes to 13.

The House has yet to vote on the adopted opposition amendments, which were made by the Senate. This will just be a formality since the government has already stipulated that they will be passed.

The platforms will have to figure out how the ban would work within a year before penalties apply.

Musk has had many clashes this year with the Australian government over demands to ban certain obscene material and by separate legislation to address deliberate lies promulgated over social media platforms.

On Tuesday this week, the Senate's environment and communications legislation committee backed the bill with a caveat: social media companies should not compel personal data disclosure like submitting passport info. It is unclear what enforcement procedures will be instituted to ensure compliance with the age limit by social media companies.

A YouGov poll released on Tuesday this week revealed that 77% of Australians were in favor of the ban, up from about 61% in a survey conducted in August. Each leader of the eight states and territories in Australia endorsed the ban, except for Tasmania's leader, who suggested an age limit of 14. The federal opposition supports the bill, claiming it would have done it sooner-it has promised to have a ban in place within 100 days if it wins next year's election.

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An open letter signed by 140 experts expresses their concern that the bill is "too blunt an instrument to address risks effectively". Among their concerns: it "creates even more risks for children who may still use platforms" and bans "affect rights to access and participation." Australia's human rights commission, too, has "serious reservations" about this ban "because of the potential: these laws have for massively interfering with rights of children and young people."

Crikey reported that one of the authors of a UK study of 17,400 young people cited by the government to justify the ban said the Australian government had "misunderstood the purpose and findings" of the research.

"The voices of children and young people have been mostly absent from much of the debate and commentary," Independent MP Andrew Wilkie wrote in a piece for Guardian Australia explaining his switch from support for the ban to opposing it.

Christopher Stone, the executive director of Suicide Prevention Australia, said in a statement: "The government is running blindfolded into a brick wall."

“Complex issues like this require careful consultation and consideration, not shortcuts. We urge the government to slow down and engage with stakeholders to ensure we get this right for young people.”

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