Australia’s Under-16 Social Media Ban Explained

Co-Authored by Grace Jolly

KEY TAKE OUTS:

• Australia has introduced a mandatory minimum age of 16 for certain social media platforms, placing compliance obligations on platforms rather than users.

• While millions of suspected underage accounts have reportedly been removed, early evidence suggests many under-16s are still accessing social media, often with parental assistance.

• The ban’s broader goal: improving youth mental health and online safety, has not yet been conclusively proven, with further data expected in 2026.

WHY WAS THE SOCIAL MEDIA BAN INTRODUCED?

Since 10 December 2025, anyone under the age of 16 has not been able to keep or make accounts on social media apps such as Instagram, TikTok, Snapchat or Facebook. New rules require the social media platforms to take “reasonable steps” to prevent under-16s from having accounts or face fines of up to 50 million dollars.

The NSW Government introduced the ban after passing a new law called the Online Safety Amendment (Social Media Minimum Age) Bill 2024, which places a mandatory minimum age of 16 for some social media platforms.

Key reasons for introducing a ban have been summarised by the Australian Human Rights Commission as follows:

1. Protection from Harm – Social media exposes children to a range of risks including cyberbullying, harmful content and online predators. By restricting access will help to safeguard emotional well-being.
2. Addressing Online Privacy Concerns – Social media platforms collect large amounts of personal data from users, and children may not be able to comprehend how their data is collected, used or monetised. By banning young users, it may assist to mitigate privacy violations and exploitation of personal data.
3. Promoting Healthy Development – Excessive social media use can interfere with healthy brain development, sleep and academic performance.

This ban is not a literal prohibition to accessing social media, rather the law:

1. Makes it illegal for platforms to host accounts held by anyone under 16, unless they can verify they are older.
2. Requires platforms to show they have taken “reasonable steps”.
3. Proposes heavy fines if the platforms fail to comply.

“Reasonable steps” may include ID scanning, face or voice recognition or “age inference” information which analyses online behaviour and interactions to estimate a person’s age.

One month after its introduction, young people are still finding ways to access and use their social media accounts, often with the assistance of their parents.

While the policy is still in its early stages, there is currently limited evidence to suggest that the ban has fully prevented under-16s from accessing social media. Headspace has reported that one in three teenage Australians have stated they would look for ways to get around the ban.

The Australian Prime Minister has indicated early success, stating that around 4.5 million of suspected underage accounts have been shut down. However, there is yet to be any tangible evidence that the ban has achieved its broader goal, being improvement of mental health outcomes for teens.

Further data on the ban’s impact is expected to be released in February 2026, which should provide a clearer and more comprehensive assessment of its effectiveness.

Carolyn Shiels joined the Coutts Lawyers & Conveyancers team in 2024 as Special Counsel for Criminal and Family Law.

Carolyn has been involved in the prosecution of criminal law since 1988 when she became a Police Prosecutor.  A period of 13 years in the Police saw a natural progression to a Law Degree and employment with the Office of the DPP as a Prosecution Lawyer.

Carolyn has been a defence lawyer since 2016 and has extensive experience in both the Local and District Courts.