Underage teens will not be penalised for accessing social media after age ban

Underage users who defy the federal government’s pending social media age restriction will not be penalised, while platforms that can prove they are at a low-risk of harm to children may be exempted.

Communications Minister Michelle Rowland says companies will bear the responsibility for ensuring age limits are followed, as the Albanese government gears up for its fight to get young teens off damaging social media platforms.

The new details of the legislation, which will be introduced to parliament later this year, will be detailed at the NSW and South Australian government’s joint Social Media Summit on Friday.

“The key principle of the Commonwealth’s legislative approach is to place the onus on platforms, not parents or young people,” Ms Rowland will tell the summit.

“Penalties for users will not feature in our legislative design.

“Instead, it will be incumbent on the platforms to demonstrate they are taking reasonable steps to ensure fundamental protections are in place at the source.”

While the government has yet to confirm the age limit, which will likely be between 14 to 16, Ms Rowland will say the aim of the legislation is for social media companies to develop “develop age-appropriate versions of their apps”.

Apps deemed to be “low risk of harm to children” could also be exempt from the sweeping age limit, however the government is still considering that provision.

Companies will also be given a 12-month implementation time frame to adapt and implement the necessary new rules.

“We are conscious of the harmful features in the design of platforms that drive addictive behaviours,” Ms Rowland will say.

“This is why we will set parameters to guide platforms in designing social media that allows connections, but not harms, to flourish.”

While Friday’s announcement will not contain details on punishments for social media platforms who flout the rules, Ms Rowland called on companies so exercise “social responsibility” over young users.

“This is about protecting young people, not punishing or isolating them or their parents,” she said.

“I am conscious of the pressure on parents in trying to oversee when and how their children use social media.

“This reform will help signal a set of normative values that supports parents.”

Earlier this week, Anthony Albanese called on state premiers and territory chiefs for their opinion on their proffered age cut off, and whether federal laws should grandfather arrangements for teens with existing accounts.

While he acknowledged the implementation of the age restrictions would be “challenging” he vowed to work with premiers and chief ministers, and companies to ensure the rules are enforced.

“We understand this is challenging. But we are prepared to do the hard work required to deliver a safer online experience for our teenagers. It is too important not to try,” he said.

“Addressing online harms requires collaboration from all levels of government, along with industry and civil society.”

However Digital Industry Group managing director Sunita Bose, who represents Meta, TikTok, Twitch and X, warned sweeping restrictions could have unintended consequences.

“Rather than blocking access to services through blunt bans or restrictions that could have unintended consequences, we need to work together to keep young people safe online,” she said.

“Digital platforms welcome a consistent national approach, and we urge governments to listen to the experts. As the eSafety Commissioner and others have said, digital platforms are where many young people go to find their own communities and safe spaces, and to access mental health support.”