Underage Aussie kids won’t be punished if they access social media under incoming ban
Major new details on the upcoming social media ban for children have been revealed by Australia’s eSafety Commissioner, leaving some confused.
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Underage children will not face repercussions if they circumnavigate the federal government’s looming social media ban, with Australia’s eSafety Commissioner confirming that the platforms themselves will bear the weight of responsibility.
The world-leading – albeit controversial – legislation will block all Australians under the age of 16 from the likes of Instagram, Snapchat, TikTok and Facebook – even if they have an existing account or parental consent – and is set to be introduced on December 10.
Speaking at the National Press Club on Tuesday, Julie Inman Grant stressed the “implementation of this legislation is not designed to cut off kids from their digital lifelines or inhibit their ability to connect, communicate, create and explore. Far from it”.
“In that vein, I should also be clear that there will be no penalties for those underage children who gain access to an age-restricted social media platform, or for their parents or carers who may enable this earlier access,” the eSafety Commissioner continued.
“The responsibility lies, as it should, with the platforms themselves and there are heavy penalties for companies who fail to take reasonable steps to prevent underage account holders onto their services of up to $49.5 million per breach.
“This world-leading legislation seeks to shift the burden of reducing harm away from parents and carers and back onto the companies themselves – the companies who own and run these platforms and profit from Australian children.”
The detail confused some Australians on social media, who questioned under a news.com.au video of Dr Inman Grant’s address “what the ban was for” if there were no consequences for under-16s and their parents.
“No consequences = no progress,” one person wrote, while another asked “what’s stopping us?” from using the platforms.
“So what’s the point of the ban?” a third person commented.
To which other users explained – as Dr Inman Grant did in her speech – that “the consequences are for the companies”.
Existing accounts won’t ‘magically disappear overnight’
Characterising the laws as a social media “delay” rather than an outright ban, Dr Inman Grant has been tasked with producing the regulatory guidelines for social media giants once they’re in place.
With just months to go before the deadline, questions remain over – among other things – how platforms will ascertain users’ ages.
“There are more questions than answers right now, including what verification technology will be required, which platforms are in or out and what constitutes platforms taking reasonable steps to implement social media age minimum standards by 10 December 2025,” Shadow Communications Minister Melissa McIntosh said in a statement on Tuesday.
Dr Inman Grant insisted “the technology (to do so) is here and it’s possible”.
“We may be building the plane a little bit as we’re flying it … but I’m very confident we can get there,” she said, adding it would be wrong to expect that “every child’s (existing) social media account will magically disappear overnight”.
“We are not building a great Australian internet firewall, but we are seeking to protect under-16s from those unseen yet powerful forces in the form of harmful and deceptive design features that currently drive their engagement online,” she said.
“For that reason, it may be more accurate to frame this as a social media delay.”
Dr Inman Grant will also register three industry-prepared codes targeting porn, violent videos, and content that promotes disordered eating and self-harm, and warned she will enforce “mandatory standards” if these do not meet “appropriate community safeguards”.
The codes will apply to all eight sectors of the tech industry, including social media, websites, search engines, app stores, device manufacturers, hosting services, internet providers and other online services like gaming, messaging programs and dating apps.
eSafety Commissioner recommends YouTube fall under ban
Ahead of her National Press Club address, Dr Inman Grant recommended the government bring YouTube under the ban, having initially been exempt under the banner of educational material.
“Given the known risks of harm on YouTube, the similarity of its functionality to other online services, and without sufficient evidence demonstrating that YouTube predominantly provides beneficial experiences for children under 16, providing a specific carve out for YouTube appears to be inconsistent with the purpose of the Act,” she wrote in new advice to Communications Minister Anika Wells.
Roughly 7 in 10 under-16s had been exposed to “misogynistic or hateful material, dangerous online challenges, violent fight videos, and content promoting disordered eating” on the Google-owned video site, Dr Inman Grant said, citing new research conducted by her office.
“Children told us that 75 per cent of this harmful content was most recently encountered on social media,” she continued.
“YouTube was the most frequently cited platform in our research, with almost 4 in 10 children reporting exposure to harmful content there.”
YouTube refuted Dr Inman Grant’s comments, accusing her of ignoring data that showed its educational benefits and arguing it should be classified as a video streaming platform.
“In 2024 a survey found that a staggering 84 per cent of teachers in Australia use YouTube on at least a monthly basis in the classroom, with the same number saying it helps students continue learning outside the classroom as well,” YouTube ANZ’s public policy and government relations senior manager, Rachel Lord, said.
“Today, the eSafety commissioner chose to ignore this data, the decision of the Australian government and other clear evidence from teachers and parents that YouTube is suitable for younger users by recommending the platform’s inclusion in Australia’s social media ban.”
It’s worth noting teachers would still be allowed to screen educational content on the platform in the classroom.
Ms Lord said Dr Inman Grant’s comments “goes against” the federal government’s own “public commitment … to ensure young Australians can continue to access enriching content on YouTube”.
TikTok ANZ director of public policy, Ella Woods-Joyce, previously characterised the initial decision to exclude YouTube from the laws as “akin to banning the sale of soft drinks to minors but exempting Coca-Cola”.
Originally published as Underage Aussie kids won’t be punished if they access social media under incoming ban
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