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Online Safety Amendment (Social Media Minimum Age) Act 2024

Australian legislation

  • 15 min read
  • 5 chapters

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Through Social media

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. 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.

The act is being challenged in the High Court by the Digital Freedom Project.

Background

The ban on access to social media by young people by the federal government originated in November 2023, when shadow communications minister David Coleman introduced a private member's bill requiring the government to conduct a trial for age-verification technology on pornography and social media platforms. While the bill did not succeed, the Albanese government funded the trial in the 2024 Australian federal budget. In June 2024, opposition leader Peter Dutton pledged that a Coalition government would implement a ban on social media for under-16s within 100 days of taking office. The following month, prime minister Anthony Albanese announced the government would introduce legislation banning under-16s from social media. The Online Safety Amendment (Social Media Minimum Age) Bill 2024 was introduced into parliament by minister for communications Michelle Rowland on 21 November 2024, passing both houses on 28 November 2024.

The ban on access to social media by young people by the federal government also gained momentum following 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. 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. 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 National Cabinet to collaborate with chief ministers, premiers, and the prime minister.

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 due to bullying at school. An event took place at the sidelines of the United Nations General Assembly session in September 2025 at which a mother spoke of her daughter's suicide as "death by bullying ... enabled by social media". The speech won support from world leaders in Greece, Fiji, Tonga and the president of the European Commission Ursula von der Leyen.

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. Later in September, prime minister Anthony Albanese announced that his government intended to introduce legislation to set a minimum age requirement for social media.

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. The Albanese government's proposed ban was supported by the governments of every state and territory. 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". Albanese's statements followed an earlier pledge by Liberal opposition leader Peter Dutton who was pushed by the early advocacy of shadow communications minister David Coleman to implement a ban on social media for under 16s within 100 days of being elected.

The opposition organised an open letter signed by 140 experts who specialise in child welfare and technology. The opposition was concerned about the invasion of privacy that will occur with the introduction of identification-based age checks. An advocacy group for digital companies in Australia called the plans a "20th Century response to 21st Century challenges". 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".

The government specified in the legislation that an identity document cannot be the only of verifying an account holder's age.

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