Australia is preparing to roll out a world-first law that will block anyone under the age of 16 from holding accounts on major social media platforms despite a High Court challenge and rising concerns from digital rights groups, reports Cape {town} Etc.
The ban, set to take effect on 10 December, requires platforms including Facebook, Instagram, TikTok, Snapchat, X, YouTube, Reddit, Twitch, Kick and Threads to take ‘reasonable steps’ to ensure under-16s cannot create or maintain accounts. Companies that fail to comply face fines of up to A$49.5 million, according to BBC.
Citing widespread online harm, Australia’s federal government insists the ban will move ahead as scheduled.
Government vs teens in the High Court
In Parliament this week, Communications Minister Anika Wells said her government would not back down in the face of legal or industry pressure.
‘We will not be intimidated by legal challenges. We will not be intimidated by Big Tech. On behalf of Australian parents, we stand firm,’ Wells told lawmakers, as quoted by AP News.
Her comments came hours are the Digital Freedom Project, led by NSW Libertarian MP John Ruddick, lodged a constitutional challenge in the High Court on behalf of two 15-year-olds.
Ruddick argues the ban violates young people’s rights to political communication.
‘This ban is a direct assault on young people’s right to freedom of political communication,’ he said, adding that the responsibility for children’s online activity lies with parents, not government.
Sydney student Noah Jones (15), a plaintiff in the case, told the Daily Mail the ban would push teenagers onto hidden or obscure platforms and reduce reporting of online abuse.
‘Kids will still use social media but in secret and they are more in danger by being scared of getting into trouble,’ said Noah.
His mother, Renee Jones – a former primary school teacher turned lawyer, said the government should focus on tackling harmful content rather than removing children from online spaces entirely.
‘We have deliberately raised these children to be digitally aware,’ said Ms Jones. ‘I’ve heard Noah and his friends talk about, “Why are we being punished? We’re not the ones doing the wrong thing?”.’
Analytics firms have already noted a spike in downloads of little-known apps like Yope, with teens online calling it a potential workaround ‘replacement’.
Why Australia says the ban is needed
According to a government-commissioned study cited by BBC:
- 96% of Australian children aged ten to 15 use social media
- Seven in ten have been exposed to harmful material (including misogyny, violence, eating-disorder content and suicide content)
- 1 in 7 have experienced grooming-type behaviour
- More than half have experienced cyberbullying
The government says the ban aims to curb the ‘pressures and risks’ created by platforms designed to keep children online for as long as possible.
Regarding enforcement, it has been reported that platforms are to use age-assurance technology – such as ID checks, video selfies, facial or voice age-estimation, or behavioural analytics. However, no specific method has been mandated.
Meta has already started notifying suspected underage users to download their data and delete their accounts before 4 December. Those wrongfully flagged can verify their age using ID or a video selfie.
Critics warn the plan could create new privacy risks, given Australia’s history of major data breaches. The government says the legislations contains ‘strong protection’ requiring all verification data to be destroyed after use.
Will it work?
BBC noted that facial-age assessment is least accurate for the precise age group the ban targets, and former Facebook executive Stephen Scheeler said the fines are too small to deter companies: ‘It takes Meta about an hour and 52 minutes to make $50 million in revenue.’
Online safety experts question whether the ban addresses the biggest risks, pointing out that dating apps, gaming platforms and AI chatbots remain outside the legislation.
Meanwhile, Malaysia has already announced it will adopt a similar under-16 social media ban in 2026, according to AP News. Several European nations are exploring partial restrictions, while the United States has struggled to implement comparable laws due to constitutional challenges.
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