As part of Australia’s world-leading under-16 social media laws, the government has released guidance for social media platforms to ensure Australian kids will be safer online with providing clear directions for platforms.
Under the guidance released by the eSafety Commissioner, social media platforms must implement the laws in an effective, private and fair way.
What makes it even more interesting, under the new laws, the onus is on platforms to prevent under-16s from holding accounts on their services, including by proactively addressing attempts at circumvention. Platforms are also expected to take a layered approach to age assurance that increases confidence in age estimates. It maybe tricky in its rigorous implementation, penalize the platform provider.
“The Albanese Government is backing families through this world-leading law and eSafety’s guidance means social media platforms know what their responsibilities are. This industry guidance makes clear our strong expectations that social media platforms step up to the plate to implement the minimum age in a way that is effective, private, and fair on Australian users” Minister for Communications, Anika Wells said.
From 10 December, failure by platforms to take reasonable steps to comply with the new obligations can attract fines of up to $49.5 million.
The guidance also sets out expectations that platforms communicate transparently with users when implementing the minimum age, and work to continuously monitor and improve their systems. This includes continuing to adopt better technologies and solutions as they become available.
“The Government has done the work to ensure that platforms have the information they need to comply with the new laws – and it’s now on them to take the necessary steps. Parent, kids – indeed the entire Australian community – are relying on them to keep young Australians safer online.
“eSafety’s guidance makes clear that platforms must comply with the law, and also provide transparent and accessible information to their users about their age assurance systems.
“We know there won’t be a one-size-fits-all approach to implementing the minimum age, but there are many effective solutions available – many of which are already being used by industry.
“There is no excuse for social media platforms to fail to meet their obligations under the new laws – and from 10 December, there will be significant fines for non-compliance” Minister Wells added.
The guidance has been developed by eSafety in consultation with industry and community stakeholders. It is informed by a broad evidence base including extensive consumer research and Government’s Age Assurance Technology Trial.
Social Media Minimum Age
Under the Online Safety Amendment (Social Media Minimum Age) Act 2024, age-restricted social media platforms will have to take reasonable steps to prevent Australians under the age of 16 from creating or keeping an account from 10 December 2025.
This regulatory guidance provides an explanation of guiding principles before setting out guidelines for industry on reasonable steps to comply with the Social Media Minimum Age obligation.
It should be read alongside eSafety’s other relevant information, including:
- our guidance to help online service providers assess whether their services are age-restricted social media platforms and therefore required to take reasonable steps to prevent Australians under 16 from creating and keeping accounts on those platforms
- our statement of commitment to children’s rights in the implementation of the Social Media Minimum Age obligations
- our compliance and enforcement policy
- our regulatory guidance for other schemes under the Online Safety Act.
For more information and to view the guidance, visit www.esafety.gov.au/industry/regulatory-guidance