Digital Rights Watch remains firmly opposed to the Albanese government’s proposed social media ban. Not only will this ban fail to keep children safe, it will also exact a terrible price for not doing so.
There are harms that social media pose to children that are both serious and complex. However, this ban does not address the root causes of those harms. Young people deserve reform to address the underlying systems which enable the spread of harmful content: data extractive business models and algorithmic amplification. Prohibiting access does nothing to change these fundamentally rights-abusive business models. Instead, the ban is a superficial solution that delays the need for meaningful, systemic reform.
The business model of major platforms relies on the microtargeting of content, regardless of its accuracy, safety, or suitability. All Australians are already exposed to the consequences of this: invasive data collection, the spread of misinformation, content designed to maximise addictive behaviour, and the amplification of hate speech and extremism. If this ban proceeds, platforms will claim a reasonable expectation that their services are used only by adults. This reduces their incentive to moderate harmful content, leaving the broader public exposed to an even-less accountable online environment.
In addition to being ineffective, the bill is technically flawed. Its drafting fails to reflect the reality of online life. The definition of “social media” under section 63C is so broad that it could be used to restrict email services, messaging platforms, and websites that simply allow user interaction. It is unrealistic to expect the entire global Internet to comply with an Australian-specific age verification regime. The result will be inconsistent application, confusion for users, and regulatory uncertainty for businesses.
There are serious privacy and security risks with the technologies this bill would require. Age assurance tools such as facial recognition, biometric scans, or document verification are not fit for widespread use. Until these technologies are subject to rigorous safeguards, and until the Privacy Act is meaningfully reformed, it is not reasonable to expect Australians to hand over sensitive personal data such as birth dates or faceprints to private companies and unknown third parties. Organisations should not be penalised for declining to implement technologies that may expose their users to even greater harm.
Age-bans are typically reserved for harmful adult activities with no concomitant benefit - alcohol, cigarettes, gambling. The social media ban fails to realise that as well as harms, there are benefits to using social media, particularly for young people who are under-supported in their offline lives. Young people seeking help with their sexuality or gender, or who are being bullied or abused, use social media to communicate with their peers and build community. We can’t allow the Albanese government to cut young people off from their support networks under the guise of their own safety.
Social media platforms are now central forums for political discourse particularly among younger Australians, providing access to political information and enabling direct engagement with public figures, policy debates, and protest movements. Preventing under-16s from accessing such political communication may violate the implied right to political communication, especially given the availability of less restrictive alternatives (such as parental controls, platform-specific age restrictions, or targeted education) that may achieve the same protective purpose.
When the Social Media Minimum Age bill was before parliament, Digital Rights Watch took advantage of parliament’s generous 24-hour window for community consultation to make a formal policy submission. In it we detail our concerns and recommend a more effective and rights-respecting path forward. Many other civil society organisations did likewise, almost-universally condemning the bill as it stands.
Digital Rights Watch continues to advocate for tech policy that centers human rights. We are also monitoring the implementation of the ban to hold the government accountable for resulting impacts on Australians, whether banned from the Internet or not.
- Here are some ways you can take action against the social media ban:
- Donate to support our ongoing fight for meaningful social media reform.
- Write to your local parliamentarians to express your concerns. You can find a guide on how to do so here and here.
- Subscribe to our newsletter to stay informed on any updates on the ban’s implementation.
- Get informed about the issue and share with your friends.
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Laws not bans can make kids safer online | OAIC
Australia Banning Kids from Social Media Does More Harm Than Good | Electronic Frontier Foundation
Australian Community Attitudes to Privacy Survey 2023 | OAIC