Australia is one step away from banning social media for under 16s

A lot of teens are about to learn how to use a VPN.

REUTERS / Reuters

Australia is set to ban under 16s from social media services after the Senate passed a bill to that effect by 34 votes to 19. The legislation will return to the House of Representatives, which will need to approve amendments before it becomes law. That is all but a formality as the government holds a majority in that chamber. The bill, which has been fast-tracked, sailed through the lower house in a 102-13 vote earlier this week.

The government has said that the likes of Snapchat, TikTok, Instagram and X will be subject to the new rules, which won’t come into force for at least 12 months. However, officials still have to confirm which platforms the ban actually covers as they aren't detailed in the bill. The BBC notes that the country’s communications commissioner, Michelle Rowland, will determine that with help from a so-called eSafety Commissioner. The latter will be responsible for enforcing the law.

The rules will not apply to health and education services, gaming platforms or messaging apps, nor those that don’t require an account. So, the likes of Fortnite, Roblox and YouTube are likely to avoid any ban.

Companies that are subject to the legislation could face fines of up to $49.5 million AUD ($32.1 million) if they fail to comply. They will have to employ age-verification tech, though the specifics of that have yet to be determined. The government plans to assess various options in the coming months, but Rowland confirmed this week that platforms won't be able to compel users to submit a personal document (such as passport or driver license) to verify their age.

Researchers have claimed that mooted age-verification systems may not work in practice. Critics, meanwhile, have raised concerns over privacy protections.

While there are certainly valid concerns about the harms of social media, such platforms can be a lifeline for younger people when they’re used responsibly. They can help vulnerable kids find resources and peers they can turn to for advice. Social media can also help those in rural areas forge authentic social connections with others who live elsewhere.

Under 16s who continue to access banned platforms won’t be punished. Resourceful teens may find it very easy to bypass restrictions using a VPN, which could make the law largely toothless. The online world also extends far beyond the reach of a small number of centralized social media platforms. There are other pockets of the internet that teens can turn to instead. For instance, there are still a large number of active forums for various interests.

When the legislation becomes law, Australia will set the highest minimum age for social media of any jurisdiction. France has tabled legislation to block users under 15 from social media without parental consent and it’s now pushing for the European Union to move forward with a similar undertaking across the entire bloc. Norway plans to bring in legislation along those lines, while the UK's technology secretary recently indicated that it was an option for that country.

Utah last year passed laws to limit minors' social media use. The state's governor repealed and replaced those earlier this year following legal challenges. However, in September, a judge blocked the most recent legislation just days before it was set to take effect. Other states have considered similar laws.