Will the new social media laws work?

There is no doubt that social media comes with great benefits and opportunities – information at your fingertips; able to connect with someone immediately; seeing the latest trends; being entertained – but there are also many associated risks and hazards.

We have all either experienced or heard of the distressing content, cyberbullying and online harassment that is prevalent on some platforms. Young children are particularly vulnerable. Desperate parents speak of their inability to control what their child accesses on social media, they talk about the feeling of inadequacy in preventing or stopping harassment and bullying, and some reveal the tragic outcomes of self-harm and even suicide.

Undoubtedly, the mental health of many children is being affected as they struggle with this unrealistic, utopian world created through platforms such as Snapchat, TikTok, Instagram, Reddit, X, and Facebook.

For some, social media is an addiction where they waste hour upon hour scrolling through endless tips from influencers trying to peddle goods or watching (often inappropriate) video clips. To add to the issue, the algorithms created by the platform providers fuels the addiction by ensuring content is filtered to meet the child’s interests.  

In a bid to turn things around and put a ‘handbrake on harms’ experienced by children as a result of social media, the Online Safety Amendment (Social Media Minimum Age) Act 2024 came into effect late last year.

The new law introduces a mandatory minimum age of 16 for accounts on certain social media platforms, with exemptions for educational and health services, and forms part of a broader strategy to create safer digital spaces for everyone.

The Federal Government’s eSafety Commissioner is tasked with working out the nuts and bolts of introducing the legislation, which is expected to come into effect by the end of 2025. Details about how the ban will operate and other relevant information are currently being developed through consultations with young people, parents, carers and educators. 

It has been made clear, however, that the onus will be on the applicable service providers to introduce systems and processes that ensure people under the minimum age cannot create or keep a social media account. This means there will be no penalties for age-restricted users who gain access to an age-restricted social media platform, or for their parents or carers. Companies who fail to comply with the requirements could face fines of up to $50 million.

While many have applauded the ban – the first of its type in the world – some groups have raised concerns. They fear without access to social media teenagers could move to the dark web or at another level, make them feel more isolated and less connected with their peers.

Those who will be impacted by the ban also have mixed feelings, as expressed by these 14-year-olds:

Stefan, who uses Snapchat, TikTok, YouTube and Instagram for about two hours each day, believes the ban will make it “very difficult” for him to connect with his friends.

“Being completely honest, I don’t know of any other ways I would contact them other than walking to their houses to hang out,” he says. “I utilise these platforms by gathering important information that I need for school, engaging in playing online games with my friends and watching entertaining things I enjoy.

“Although social media is drastically affecting children, I couldn’t imagine living without social media. However, banning social media can help teenagers in many ways and motivate them to engage in more productive activities.”

Sophie goes on TikTok, Snapchat and Instagram for about one hour each day. She uses the platforms to talk to friends and family, with Tik Tok mainly for entertainment purposes. 

Describing the ban as a “good thing and a bad thing” she feels it will protect the mental health of those under the age of 12 but at 14 years, teenagers are mature enough to use it wisely.

“My parents monitor my social media by taking my phone away before bed so I can have a good sleep and check on my phone often,” she adds.

Mia spends about three hours each day on TikTok, YouTube, Snapchat and Instagram. “I use apps such as TikTok and YouTube to watch content that interests me, but I’ve also learnt a lot from the apps as well as they sometimes curate educational topics. Instagram also shows me a lot of news that happens around the world, which I would not usually see,” she explains.

“I think the social media ban is a bit restrictive, especially since it is a big part of how I stay connected with my friends and family and where I get a lot of information.”

Besides messaging apps such as WhatsApp, Victor spends about two hours each day on YouTube to watch videos on topics that interest him. He believes the social media ban is being implemented for the “better of Australia”.

“Many people my age often are manipulated by content on social media, and often influenced by the content. This includes uncontrollable use of ‘brain rot’ language,” he says.

Ottavia users Snapchat and YouTube, for a total of about one hour each day. She feels she uses social media responsibly, with her parents setting screen time limits on her apps, which can be extended through a code that only they know.

“They can also monitor how long I spend on my phone on average in a day or week and how much of that average is spent on what app specifically.”

While there is still much discussion about the ban, one thing everyone can agree on is that for the ban to be successful there needs to be a combined effort from a range of groups such as platform providers, children under 16, their parents, caregivers, teachers, schools and the wider community.

Only time will tell how this all plays out.

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