A groundbreaking law banning social media use for children under 16 cleared the Australian Senate on Thursday, poised to become a world-first regulation.
Under this legislation, platforms like TikTok, Facebook, Snapchat, Reddit, X, and Instagram could face fines up to 50 million Australian dollars ($33 million) for failing to prevent users under 16 from creating accounts, reports AP.
Australia's House of Representatives passes bill that would ban young children from social media
The bill passed the Senate with 34 votes in favour and 19 against, following its overwhelming approval in the House of Representatives on Wednesday by 102 votes to 13. While the House still needs to endorse opposition amendments made in the Senate, this step is procedural, as the government has already signalled its agreement, it said.
The platforms have one year to devise measures to enforce the ban before penalties take effect. Amendments introduced in the Senate aim to enhance privacy protections, barring platforms from requiring government-issued identification such as passports or driver’s licences, or demanding verification through government digital systems. The House is scheduled to approve these amendments on Friday.
Critics, however, are concerned about potential privacy implications for users who will need to prove they are older than 16.
While the legislation enjoys bipartisan support, child welfare and mental health advocates have raised concerns about unintended consequences.
Sen. David Shoebridge of the minority Greens party highlighted mental health experts’ warnings that the ban could isolate vulnerable children who rely on social media for support.
“This policy will hurt vulnerable young people the most, especially in regional communities and especially the LGBTQI community, by cutting them off,” Shoebridge said.
Conversely, opposition Sen. Maria Kovacic described the bill as a necessary step.
“The core focus of this legislation is simple: It demands that social media companies take reasonable steps to identify and remove underage users from their platforms,” Kovacic said, criticising platforms for prioritising profits over responsibility.
The legislation has been welcomed by some campaigners. Sonya Ryan, an online safety advocate whose 15-year-old daughter Carly was murdered by an online predator posing as a teenager, hailed the Senate vote as a “monumental moment in protecting our children from horrendous harms online.”
“It’s too late for my daughter, Carly, and the many other children who have suffered terribly and those who have lost their lives in Australia, but let us stand together on their behalf and embrace this together,” Ryan told AP via email.
Wayne Holdsworth, whose teenage son Mac died by suicide after being targeted in an online sextortion scam, expressed pride in the legislation’s passage.
“I have always been a proud Australian, but for me subsequent to today’s Senate decision, I am bursting with pride,” Holdsworth said in an email to AP.
Despite this support, others remain critical. Christopher Stone, executive director of Suicide Prevention Australia, said the law neglects the benefits social media provides in supporting young people’s mental health and fostering connections.
“The government is running blindfolded into a brick wall by rushing this legislation. Young Australians deserve evidence-based policies, not decisions made in haste,” Stone said in a statement.
Social media companies had urged the Senate to delay the vote until June next year, when a government evaluation of age-assurance technologies is expected to provide insights into excluding underage users.
Some critics see the legislation as a political move ahead of a general election due by May, with the government aiming to assure parents it is addressing concerns about children’s social media use.
Opponents argue the ban could do more harm than good. Among their concerns are the rushed legislative process, privacy risks, and the undermining of parental authority. Additionally, critics fear the ban might isolate children, deprive them of social media’s positive aspects, push them towards the dark web, discourage reporting of harm by underage users, and disincentivise platforms from improving safety measures.