Legislative Background and Passage
The Online Safety Amendment (Social Media Minimum Age) Act 2024 is an amendment to the Online Safety Act 2021, passed by the Parliament of Australia on 29 November 2024. It establishes a national ban on individuals under 16 from holding accounts on designated social media platforms while physically located in Australia. The legislation was introduced by Minister for Communications Michelle Rowland and reflects broader political momentum, including a private member’s bill proposed by shadow communications minister David Coleman in November 2023. This bill initially focused on age-verification trials for pornography and social media platforms, though it did not progress. The Albanese government later funded such a trial in the 2024 federal budget, setting the stage for the eventual legislation.
The push for the ban gained significant traction following advocacy from South Australian Premier Peter Malinauskas, who was influenced by the book The Anxious Generation by Jonathan Haidt. Malinauskas consulted former High Court Chief Justice Robert French, who delivered a 267-page report in September 2024 outlining policy recommendations. The report was presented to National Cabinet, where it received support from state and territory leaders. Public sentiment further intensified after high-profile cases, including the suicide of a 12-year-old girl due to bullying, were widely reported. These incidents prompted Prime Minister Anthony Albanese to announce the government’s intention to introduce the legislation in November 2024, with bipartisan support from opposition leader Peter Dutton, who had previously pledged to implement a similar ban within 100 days of taking office.
The legislation was supported by all state and territory governments, though concerns were raised by digital rights advocates, mental health professionals, and industry groups. Critics argued that identity-based age verification could invade privacy, while others noted that 73% of young Australians accessing mental health support did so through social media platforms. Despite these objections, the bill passed both houses of Parliament on 28 November 2024, with enforcement set to begin on 10 December 2025.
Scope and Enforcement Mechanisms
The Act applies to social media platforms designated by the government, initially including Facebook, Instagram, Reddit, Snapchat, TikTok, Twitter, Threads, Twitch, Kick, and YouTube. The legislation grants the government authority to add or remove platforms from the list as needed. Platforms are required to implement age-estimation and assurance systems to prevent under-16 users from creating or maintaining accounts while physically located in Australia. The eSafety Commissioner, an independent statutory authority, oversees compliance and enforcement, with fines of up to A$49.5 million imposed on platforms failing to meet these obligations.
The Act does not require parental consent for users aged 16 or older, nor does it criminalize parents or children for violating the restrictions. However, platforms are expected to employ measures such as behavioural inferencing, document verification, and biometric checks to identify and block underage users. The use of virtual private networks (VPNs) remains legal in Australia, though platforms are encouraged to develop technical solutions to mitigate circumvention efforts. A one-year transition period was provided for platforms to implement necessary controls, beginning from the legislation’s enactment in November 2024.
The Age Check Certification Scheme, a UK-based organization engaged by the Australian government, conducted trials to assess the feasibility of age-verification technologies. A preliminary report released in June 2025 concluded that there were no significant technological barriers to implementing the ban. The final report, published in August 2025, reiterated this finding but emphasized the need for coordination among platforms to ensure effectiveness. The eSafety Commissioner was granted the authority to take legal action against non-compliant platforms, with fines enforceable through the courts.
Implementation Challenges and Platform Responses
Platforms faced significant operational challenges in preparing for the ban, including the need to develop and deploy age-verification systems at scale. Meta announced in November 2025 that it would begin removing under-16 users from Instagram, Facebook, and Threads starting 4 December 2025, ahead of the 10 December deadline. Users would be required to provide either an identity document or undergo biometric verification to confirm their age. Similarly, Twitch was added to the banned list in November 2025, while Pinterest was excluded due to its limited interactive features for under-16 users.
Google initially threatened legal action against the inclusion of YouTube in the ban, citing concerns over enforcement feasibility. However, the government proceeded with the inclusion after receiving advice from eSafety Commissioner Julie Inman Grant. The final list of prohibited platforms was formalized in the Online Safety (Age-Restricted Social Media Platforms) Rules 2025, published on 30 July 2025. Roblox was notably excluded from the ban, as its primary function as an online gaming platform was deemed distinct from social media services.
The Digital Freedom Project challenged the legislation in the High Court, arguing that it infringed upon free speech and privacy rights. Despite legal challenges, the ban took effect on 10 December 2025, marking the first national implementation of its kind. Platforms now operate under strict supervision, with ongoing monitoring by the eSafety Commissioner to ensure compliance. The Act sets a precedent for global discussions on youth digital safety, though its long-term impact on mental health, privacy, and platform accountability remains under scrutiny.
Required actions
- Take reasonable steps to prevent Australians under 16 from holding accounts on age-restricted social media platforms - Use age assurance without relying solely on government ID; destroy data collected for age assurance after use