On 27 November 2024, Australia’s parliament passed the Online Safety Amendment (Social Media Minimum Age) Bill (the Bill). The Bill will impose a minimum age of 16 for social media use in Australia. You can read the Bill here.

What does the Bill impose? 

The Bill, which amends the Online Safety Act 2001 (AU), aims to regulate social media use by setting minimum age limit and holding social media companies accountable for user safety. It comes as growing concerns over online child safety have dominated recent headlines in Australia. The Bill's objective is not just to prevent exposure to harmful content, but also to mitigate the negative effects of social media on sleep, stress levels, and attention.

The Bill requires certain social media platforms to take reasonable steps to prevent minors (under the age of 16) from creating social media accounts. Prominent platforms like Snapchat, TikTok, and Instagram (among others) will be caught under this law. If these platforms fail to take “reasonable steps” to comply with the new obligations, there are strict penalties. Non-compliance can result in fines of up to AUD49.5 million for systemic breaches. The Australian Government has indicated that platforms will likely need to implement age assurance technologies to verify a user is over 16, but the effectiveness of these technologies is under question due to the possibility of workarounds.

Potential issues and industry concerns 

Australian Prime Minister Anthony Albanese acknowledged that children will find ways to access social media platforms despite the new law, but that the purpose of this reform is to “send a message to social media companies to clean up their act”. 

Critics of the Bill have stated there will need to be clear guidance on what constitutes “reasonable steps” within the meaning of these new obligations. Many in the industry are concerned that if “reasonable steps” is interpreted to encompass verifying the age of all social media users within Australia, then this could create an onerous obligation on users that do meet the relevant age requirements which could drive users away from these platforms. 

The Law Council of Australia identified numerous concerns with the Bill, including the potential privacy risks of overcollection of personal information (necessary to verify a user’s age). Other submitters alleged that the Bill does not reflect expert evidence in the field, that it will drive Australian adolescents into hidden spaces where they may feel less safe, and that it would have a disproportionate effect on vulnerable and marginalised young people. The risks of young Australians finding ways to bypass restrictions (i.e. through the use of foreign VPNs), or to create fake accounts was highlighted. 

Various parties submitted that for marginalised groups including LGBTQIA+ youth, social media is a lifeline as they often lack supportive family environments and face unique barriers. There were also submissions that social media has become a key source of education and that imposing a blanket ban on social media could lead adolescents to miss out on valuable real-world learnings.

Could this be a catalyst for change in New Zealand? 

While there is no indication that our Government intends to follow this approach, the Bill may influence the Office of the Privacy Commissioner’s (OPC) ongoing work programme on children’s privacy. The OPC is currently working on the Children and Young People’s Privacy Project (which is due to restart in 2025) to assess how effective New Zealand’s current laws are in protecting the personal information of children. Three key themes have been identified by the OPC: 

1. the need for clear guidance; 
2. the need for regulatory changes; and
3. the need to address the risks of social media. 

We expect the OPC will watch the implementation of Australia’s new laws with interest to give it insights into potential future guidance and policy recommendations here in New Zealand. If positive outcomes do ultimately eventuate from the Bill in Australia, it may provide the foundation for legal reform in New Zealand. The complexities inherent in this space make regulation incredibly challenging; so being able to learn from Australia’s bold steps will help any New Zealand policy response. We will all have to wait and see just how high any potential policy response may rise in a complex political, behavioural and social ecosystem.

If you would like more information on Australia’s new laws please reach out to one of our experts. You can also access more detailed information on the Bill from our MinterEllison colleagues in Australia here. 

This article was co-authored by Zach Kirby, a Summer Clerk in our Corporate and Commercial team.