Australia’s under‑16 social media ban faces High Court challenge as major apps comply
Australia's Online Safety Amendment (Social Media Minimum Age) Act — passed in November 2024 and enforced from December 10, 2025 — bars under‑16s from major platforms and requires companies to take “reasonable steps” such as multi‑layer age‑assurance (including government IDs or AI estimation), removal of existing under‑16 accounts and measures to prevent re‑registration (including VPN detection), with fines up to AU$49.5 million (~US$32–33M); eSafety has notified ten platforms, more than 200,000 TikTok accounts have been deactivated, and a preliminary compliance update is expected before Christmas. The policy, framed by Prime Minister Anthony Albanese as protecting youth mental health, is already facing legal challenge — the High Court has accepted a case brought by two 15‑year‑olds, with a hearing possible as early as February.
📌 Key Facts
- The law — the Online Safety Amendment (Social Media Minimum Age) Act, passed in November 2024 — begins enforcement on December 10, 2025 and bars users under 16 from major social platforms.
- The law explicitly targets ten apps (Facebook, Instagram, Kick, Reddit, Snapchat, Threads, TikTok, X, YouTube and Twitch) and requires platforms to take “reasonable steps” to comply.
- Platforms must adopt multi‑layered age‑assurance measures (including government ID checks and AI facial‑age estimation), remove existing under‑16 accounts, and prevent re‑registration (including detecting VPN‑based evasion).
- The law also requires clear user‑support pathways (deactivation notices, review/appeal processes, guidance on downloading data and accessing help) and empowers routine retrospective checks using platform data to detect avoidance.
- Noncompliance can draw fines up to AU$49.5 million (about US$32–33 million).
- Ten major apps have complied by blocking users 16 and under; Communications Minister Anika Wells said more than 200,000 TikTok accounts in Australia had been deactivated by early enforcement.
- eSafety Commissioner Julie Inman‑Grant has issued notices to 10 platforms demanding implementation details and account closure figures and will publish a preliminary compliance update before Christmas; those responses will form the compliance baseline.
- Australia’s High Court has accepted a legal challenge to the under‑16 ban filed by two 15‑year‑olds, with a hearing possible as early as February, while political leaders framed the policy around youth mental health and parental empowerment and said other countries have shown interest.
📊 Relevant Data
Almost one in four high school students in Australia report mental health problems by Year 10, with the issues being worse for girls and gender-diverse teens.
Mental health worst among girls and gender diverse teens, study finds — University of Sydney
81% of trans and gender-diverse children in Australia have experienced cyberbullying, compared to more than 50% of children overall.
How common is cyberbullying among children in Australia? — eSafety Commissioner
Aboriginal and Torres Strait Islander people aged 0–24 in Australia have suicide rates around 3 times higher than non-Indigenous Australians, with Indigenous people comprising about 3.2% of the population.
First Nations people - Suicide & self-harm monitoring — Australian Institute of Health and Welfare
Almost three quarters of adolescents in Australia experience clinically significant depression or anxiety symptoms.
Almost three quarters of adolescents experience depression or anxiety — Murdoch Children's Research Institute
98% of Australian girls aged 14-19 reported experiencing cyberbullying, with 62% reporting it related to their appearance.
Research reveals cyberbullying is pushing teenage girls towards cosmetic procedures — University of the Sunshine Coast
📰 Sources (4)
- Australia’s High Court has accepted a legal challenge to the under‑16 social media ban filed by two 15‑year‑olds; a hearing could occur as early as February.
- Ten major apps, including TikTok, Instagram, Snapchat, Reddit and Facebook, have complied by barring users 16 and under.
- The law allows multi‑layered age verification, including government IDs and AI facial age estimation, with penalties up to about $33 million (USD) for violations.
- South Australia Premier Peter Malinauskas said the push was inspired by Jonathan Haidt’s book 'The Anxious Generation' and cited strong parental support; he says officials in Canada, the U.K. and Japan have inquired, and Malaysia plans a 2026 rollout.
- Communications Minister Anika Wells said more than 200,000 TikTok accounts in Australia had been deactivated by Wednesday.
- eSafety Commissioner Julie Inman Grant will send notices to 10 platforms on Thursday demanding details on implementation and the number of accounts closed.
- eSafety plans to provide the public a preliminary compliance update before Christmas; notice responses will form the compliance baseline.
- The law explicitly targets Facebook, Instagram, Kick, Reddit, Snapchat, Threads, TikTok, X, YouTube, and Twitch, with fines up to AU$49.5M if they fail to take reasonable steps.
- Officials warned that VPN-based evasion and other avoidance will be countered by routine retrospective checks using platform data.
- Prime Minister Anthony Albanese framed the move as families 'taking back power' from tech companies.
- Identifies the law as the Online Safety Amendment (Social Media Minimum Age) Act, passed in November 2024.
- Confirms enforcement begins December 10, 2025, with accounts for users under 16 barred.
- Details compliance: platforms must take “reasonable steps,” including age‑assurance measures, removal of existing under‑16 accounts, prevention of re‑registration (including VPN detection).
- Specifies user‑support expectations: clear review/appeal pathways, notices on deactivation, and guidance on downloading data and accessing support.
- States maximum penalties up to AU$49.5 million (~$32 million) for noncompliance.
- Includes direct remarks from Prime Minister Anthony Albanese linking policy to youth mental health and social harms.