Education & trainingAustralia
Social media minimum age of 16 (2024 Act and 2026 enforcement Act)
Since 10 December 2025, platforms such as Facebook, Instagram, Snapchat, TikTok, X and YouTube must take « reasonable steps » to prevent Australians under 16 from holding an account. Children and parents face no penalty: the obligation and fines fall on platforms, up to 150,000 penalty units (A$49.5m) for a company, doubled by a 2026 Act.
Updated: November 5, 2026Next milestone: December 10, 2027 — Legal deadline for the independent review of the social media minimum age framework
At a glance
Reference text
Online Safety Amendment (Social Media Minimum Age) Act 2024[1]
No. Act No. 127, 2024 (C2024A00127) · December 10, 2024
Read the text ↗Carried by
- Anthony Albanese[21][24][28]Prime Minister of Australia (Labor) · 2024-2026 · Initiator
- Michelle Rowland[24][25]Minister for Communications — 2024 bill · 2024 · Initiator
- Anika Wells[3][4][6][28][17]Minister for Communications — start date, exemption rules and 2026 enforcement Act · 2025-2026 · Implementation
Implementation
- eSafety Commissioner (online safety regulator: guidance, monitoring, enforcement)
- Australian Information Commissioner (privacy safeguards)
- Department of Infrastructure, Transport, Regional Development, Communications, Sport and the Arts (administering department)
Status
In forcesince September 12, 2026[2]
In force as strengthened by Act No. 83 of 2026: maximum penalties doubled and new investigation powers for the eSafety Commissioner.
Stated objective
« Reduce the risk of harm to age-restricted users from certain kinds of social media platforms » — addictive design features, sleep interference, poor mental health, negative body image, exposure to harmful content — by putting the onus on platforms rather than on parents or young people.[1][5][24]
According to the Act (new section 63B of the Online Safety Act 2021), the government and the explanatory statement to the 2025 rules
Main measures
- Platforms must take « reasonable steps » to prevent Australians under 16 from having accounts, including accounts opened before the law. No method is imposed; no penalty applies to children, parents or educators.[1][12][17]
- Scope: services whose sole or significant purpose is online social interaction and which let users interact and post content. Excluded by rules: messaging, online games, product reviews and support, professional networking, education and health services. Since March 2026, a service must also use account-based recommendations or reserve endless feeds, engagement counters or ephemeral content to logged-in users.[1][4][6]
- Only holding an account is targeted: content viewable without logging in stays accessible, and a parent, carer or educator may let a child use their own account.[5]
- Privacy: platforms may not require government ID or the Digital ID system unless they offer a reasonable alternative; data collected for age checks must be destroyed after use, and any other use without consent counts as an interference with privacy under the Privacy Act 1988.[1][25]
- Penalties: 30,000 penalty units for failing to take reasonable steps or breaching the privacy rules — five times more for a company, i.e. 150,000 units (A$49.5m at the November 2024 value). The 2026 Act doubles this to 60,000 units (300,000 for a company) and doubles the penalty for ignoring an information notice (500 to 1,000 units).[1][12][2][17]
- 2026 enforcement powers: the eSafety Commissioner can demand documents as well as information, including from third parties such as age-assurance providers or app stores, and summon people for examination on oath; refusing is an offence punishable by 12 months’ imprisonment.[2][17][28]
- The 2024 Act also raised to 30,000 penalty units the maximum penalty for breaching online safety industry codes and standards (previously 500 for standards).[1][12]
In data
penalty units, as written in the Act
| Obligation | 2024 Act | Since the 2026 Act |
|---|---|---|
| Reasonable steps to keep under-16s off (s 63D) | 30,000 | 60,000 |
| Information-gathering notice (s 63H) | 500 | 1,000 |
Scale starts at 0 · Multiplied by five for a company. The same ceiling as s 63D applies to the privacy rules (ss 63DA and 63DB). Dollar value depends on the Commonwealth penalty unit, which is indexed.
Key figures
Maximum penalty for a company, 2024 Act
150,000
penalty units, 2024-2026 · Announced
according to the Senate committee’s reading of the bill (November 2024)[12][25]
« Currently equivalent to $49.5 million » (Australian dollars), the figure also given by the government.
Maximum penalty for a company, since the 2026 Act
300,000
penalty units, since 12 September 2026 · Announced
according to the explanatory memorandum, as reported by the Senate committee (August 2026)[17][28][2]
A$109.2m at the penalty unit applying from 1 July 2026, per the department; the government had announced « $99 million ».
Accounts removed or restricted by platforms
4,700,000
by mid-December 2025 · Estimate
according to the eSafety Commissioner (16 January 2026), as reported by the Senate committee[17]
Accounts, not individual users; not in itself proof of compliance.
Platforms identified as age-restricted by the eSafety Commissioner
10
as reported in August 2026 · Observed
according to the eSafety Commissioner, as reported by the Senate committee[17]
Facebook, Instagram, Kick, Reddit, Snapchat, Threads, TikTok, Twitch, X and YouTube. Not covered at that date: Discord, GitHub, Google Classroom, LEGO Play, Messenger, Pinterest, Roblox, Steam, WhatsApp, YouTube Kids. Other services self-assessed as covered.
Timeline
- Announced
Government announces legislation on a minimum age for social media[21]
- Under debate
Bill introduced in Parliament[8]
Bill introduced in the House of Representatives and referred to a Senate committee[8][12][1]
Second reading speech by the Minister for Communications, Michelle Rowland. The same day, the Senate refers the bill to its Environment and Communications Legislation Committee, with a report due on 26 November; submissions are invited by 22 November.
Senate committee report: pass the bill, with nine recommendations[12][11][14][15][8]
After 107 published submissions and a single public hearing (25 November), the majority recommends passage, subject in particular to banning compulsory use of Digital ID or other government ID, an independent review within 18 months of the obligation taking effect and a legislated « digital duty of care ». The Greens recommend that the bill not pass; Senator Canavan asks for more time.
House of Representatives passes the bill[8]
Senate passes the bill with eight government amendments[8]
Minister Anika Wells sets 10 December 2025 as the start date and makes the exemption rules[3][4][5][26]
The rules exclude messaging, online games, product reviews and support, professional networking, education and health services. YouTube, named in the draft rules, is left out of the exemptions on the eSafety Commissioner’s advice: it is therefore covered.
eSafety: about 4.7 million accounts removed or restricted by mid-December 2025[17]
The Commissioner later cautioned that the figure counts accounts, not individual users, and does not in itself show that platforms complied.
Amendment rules narrow the scope to platforms with recommender or « logged-in » engagement features[6][7]
From the day after registration, a service is only covered if it selects content using account information, or reserves to logged-in users an endless feed, engagement feedback (views, likes, followers) or ephemeral content.
First eSafety compliance update; investigations into five platforms[17][28]
Among parents whose child had an account before the ban, around seven in ten report that the child still has one on Facebook, Instagram, Snapchat or TikTok. eSafety investigates Facebook, Instagram, Snapchat, TikTok and YouTube for possible non-compliance (repeated age-check attempts, re-registration after removal, weak reporting channels).
Government announces stronger powers and doubled penalties[28]
According to the government, more than 5 million under-16 accounts have been removed, deactivated or restricted since 10 December 2025, but platforms are « not doing enough ».
- In force
Enforcement Act commences[2]
In force as strengthened by Act No. 83 of 2026: maximum penalties doubled and new investigation powers for the eSafety Commissioner.
- Upcoming — the outcome is not known
Legal deadline for the independent review of the social media minimum age framework[1][7]
The Act requires the Minister to have an independent review conducted within 2 years of the obligation taking effect, covering in particular the adequacy of privacy protections; the report must be tabled in each House within 15 sitting days of being given to the Minister.
The debate
Citoyen takes no position: arguments are reported as their authors put them.
According to its supporters
- The government argues that « social media is doing social harm » to children and that the law puts the onus on platforms, not parents or young people, while giving parents a national rule to point to.[24][25][27]
- The Senate committee majority (November 2024) found « no robust evidence that social media is safe for children under 16 » and significant data on harms (cyberbullying, sextortion, predatory behaviour), and recommended passage.[10][11]
- The explanatory memorandum cited a 2024 New South Wales survey of over 21,000 people in which 87% supported a minimum age for social media; parents’ groups and child-protection organisations backed the bill.[13]
- In 2026, the Heads Up Alliance and the Age Verification Providers Association argued that early results show age checks are feasible and that remaining under-16 accounts reflect weak platform compliance — « a failure of will » — justifying stronger enforcement.[18]
According to its opponents
- The Greens called the ban a « band aid » rushed through in under a week against expert evidence: young people will get around it or be pushed to less safe spaces, while platforms stay unsafe; they favour a legislated digital duty of care. In 2026 they said eSafety’s own research shows over 80% of children still use social media.[14][19]
- UNICEF Australia and academics warned that children will bypass the rules and that their use will become more hidden; LGBTIQA+ and rural youth groups feared losing support networks.[13]
- Senators Matt Canavan and David Pocock (independent) criticised a three-day inquiry for a law taking effect a year later, with no detail on how age assurance would work, and pressed to rule out the government Digital ID. In 2026, Coalition senators and the Parliamentary Joint Committee on Human Rights raised the privacy of children under the new investigation powers.[15][16][20][17]
- Platforms stressed technical limits: the industry body DIGI said the bill lacked detail on implementation, privacy and costs; in 2026 YouTube said no universally accepted technology can reliably tell whether a user is above or below 16.[13][18]
Indicators to watch
- Share of children under 16 still holding an account on an age-restricted platform · eSafety Commissionerno Citoyen card yet
- Accounts removed, deactivated or restricted by platforms · eSafety Commissionerno Citoyen card yet
- Investigations, infringement notices and civil penalty proceedings · eSafety Commissionerno Citoyen card yet
- Findings of the statutory independent review (section 239B) · Australian Governmentno Citoyen card yet
Sources
- [1]Online Safety Amendment (Social Media Minimum Age) Act 2024 (No. 127, 2024), as made — Federal Register of Legislation, December 10, 2024
- [2]Online Safety Amendment (Strengthening Enforcement for the Social Media Minimum Age) Act 2026 (No. 83, 2026), as made — Federal Register of Legislation, September 11, 2026
- [3]Online Safety (Day of Effect of Social Media Minimum Age) Instrument 2025 (F2025N00628) — Federal Register of Legislation, July 29, 2025
- [4]Online Safety (Age-Restricted Social Media Platforms) Rules 2025 (F2025L00889), as made — Federal Register of Legislation, July 29, 2025
- [5]Explanatory Statement — Online Safety (Age-Restricted Social Media Platforms) Rules 2025 — Federal Register of Legislation (Minister for Communications), July 30, 2025
- [6]Online Safety (Age-Restricted Social Media Platforms) Amendment Rules 2026 (F2026L00370), as made — Federal Register of Legislation, March 25, 2026
- [7]Explanatory Statement — Online Safety (Age-Restricted Social Media Platforms) Amendment Rules 2026 — Federal Register of Legislation (Minister for Communications), March 25, 2026
- [8]Online Safety Amendment (Social Media Minimum Age) Bill 2024 — bill progress — Parliament of Australia
- [9]Online Safety Amendment (Strengthening Enforcement for the Social Media Minimum Age) Bill 2026 — bill progress — Parliament of Australia
- [10]Senate Environment and Communications Legislation Committee — Online Safety Amendment (Social Media Minimum Age) Bill 2024 [Provisions], Chair's Foreword — Parliament of Australia — Senate, November 26, 2024
- [11]Senate Environment and Communications Legislation Committee — Online Safety Amendment (Social Media Minimum Age) Bill 2024 [Provisions], List of recommendations — Parliament of Australia — Senate, November 26, 2024
- [12]Senate Environment and Communications Legislation Committee — Online Safety Amendment (Social Media Minimum Age) Bill 2024 [Provisions], Chapter 1 — Introduction — Parliament of Australia — Senate, November 26, 2024
- [13]Senate Environment and Communications Legislation Committee — Online Safety Amendment (Social Media Minimum Age) Bill 2024 [Provisions], Chapter 2 — Views on the bill — Parliament of Australia — Senate, November 26, 2024
- [14]Australian Greens' Dissenting Report — Online Safety Amendment (Social Media Minimum Age) Bill 2024 [Provisions] — Parliament of Australia — Senate, November 26, 2024
- [16]Additional Comments from Senator David Pocock — Online Safety Amendment (Social Media Minimum Age) Bill 2024 [Provisions] — Parliament of Australia — Senate, November 26, 2024
- [17]Senate Environment and Communications Legislation Committee — Online Safety Amendment (Strengthening Enforcement for the Social Media Minimum Age) Bill 2026 [Provisions], Chapter 1 — Introduction — Parliament of Australia — Senate, August 25, 2026
- [18]Senate Environment and Communications Legislation Committee — Online Safety Amendment (Strengthening Enforcement for the Social Media Minimum Age) Bill 2026 [Provisions], Chapter 2 — Key issues — Parliament of Australia — Senate, August 25, 2026
- [19]Australian Greens' additional comments — Online Safety Amendment (Strengthening Enforcement for the Social Media Minimum Age) Bill 2026 [Provisions] — Parliament of Australia — Senate, August 25, 2026
- [20]Coalition Senators' additional comments — Online Safety Amendment (Strengthening Enforcement for the Social Media Minimum Age) Bill 2026 [Provisions] — Parliament of Australia — Senate, August 25, 2026
- [21]Albanese Government set to introduce minimum age for social media access (media release) — Prime Minister of Australia, September 10, 2024
- [22]National Cabinet agrees to age limit for social media access (media release) — Prime Minister of Australia, November 8, 2024
- [23]Minimum age for social media access to protect Australian kids (media release) — Prime Minister of Australia, November 8, 2024
- [24]Albanese Government delivers world-leading legislation to protect children online (media release) — Prime Minister of Australia, November 21, 2024
- [25]Social media reforms to protect our kids online pass Parliament (media release) — Prime Minister of Australia, November 29, 2024
- [26]Albanese Government protecting kids from social media harms (media release) — Prime Minister of Australia, July 30, 2025
- [27]Protecting Australian kids from social media harm (opinion piece) — Prime Minister of Australia, December 7, 2025
- [28]Stronger powers and double the penalties for world-leading social media law (media release) — Prime Minister of Australia, June 28, 2026