As the Federal Government’s social media ban for children under 16 prepares to come into full effect from November 2025, experts are warning that the rights and views of children and young people have often been marginalised in the national discourse about the controversial legislation.
The world-first laws, passed in Federal Parliament with bipartisan support on 28 November, are in response to growing concerns over social media’s impact on youth mental health and academic outcomes.
A growing body of research has found that adolescents who spend more than three hours per day on social media face double the risk of experiencing poor mental health outcomes, including symptoms of depression and anxiety.
The new laws place the onus on social media platforms – not young people or their parents – to take reasonable steps to prevent Australians under 16 years of age from having accounts, and ensures systemic breaches will see platforms face fines of up to $49.5m.
However, some experts are voicing concerns over the potential impact this legislation will have on Australia’s youth.
The Australian and New Zealand Children’s Commissioners, Guardians and Advocates (ANZCCGA) say the Federal Government’s announcement “has left insufficient time for thorough consideration and consultation, and the potential unintended consequences for the rights, safety, and wellbeing of children and young people.”
Speaking on behalf of ANZCCGA members, Jodie Griffiths-Cook, ACT Public Advocate and Children and Young People Commissioner said while the organisation commends efforts that seek to protect the rights of Australian children and young people, those who are marginalised have been overlooked in the discussion.
“There has not been enough consideration for the adverse impacts this decision could have on already marginalised groups such as LGBTQIA+ children and young people and those living in regional and remote areas, many of whom rely on social media for support, social connection, and learning.” Griffiths-Cook said in a statement.
Zoë Robinson, NSW Advocate for Children and Young People said children and young people have expressed their concerns to ANZCCGA about how these restrictions will affect them and have also offered their thoughts about how to keep them safe online.
“We need to acknowledge their solutions and ideas and then respond accordingly,” she said. “By working together, we can help our children stay safe in the digital world and ensure it is an inclusive space that empowers them and supports their development.”
What is considered ‘safe’ or ‘unsafe’ use of social media?
Michael Cowling, an Associate Professor in Information and Communication Technology (ICT) at CQUniversity Australia, is also known as ‘Professor Tech’. He says a better understanding of what constitutes a safe social media space rather than an outright ban would be a more sensible approach to protecting young people online.
“Whilst I understand the desire of the government to implement restrictions for young people using social media, the reality is that once these kids turn 16, they’ll once again have unfettered access to the systems, and no extra knowledge on how to use them,” Associate Professor Cowling said.
“What’s really needed is a greater understanding of how young people use social media and what behaviours on social media are considered safe and unsafe, so that we can teach them how to use these systems more effectively regardless of their age.”
Moving beyond ‘fragmentary solutions’
Associate Professor Cowling said recently published an article, titled: ‘Untangling Digital Safety, literacy, and Wellbeing in School activities for 10 to 13 Year old Students’ for the Journal of Education and Information Technologies, along with colleagues A/Prof. Kwong Nui Sim, Dr Joanne Orlando, and Dr Jafar Hamra.
In the paper, the four experts say a post-COVID-19 culture of digital safety must go beyond fragmentary solutions and incorporate a comprehensive approach to address the evolving needs of 10- to 13-year-old students.
Further, they suggest additional research is needed into the ever-changing digital education landscape in schools so young students not only get the latest information while learning online, but also feel safe while doing it.
“By bridging this research gap and developing a holistic framework that incorporates digital safety, literacy, communications, wellbeing, and habits, educators, policymakers, and researchers can gain a more profound understanding of the digital experiences of 10 to 13 year old students,” they wrote.
“This, in turn, will lead to the formulation of more effective policies and interventions that ensure a secure, supportive, and empowering online learning environment, which is adaptable to the ever-evolving digital landscape.”
EU model a potential solution
Dr Alexia Maddox, Director of Digital Education and Senior Lecturer in Pedagogy and Education Futures in La Trobe University's School of Education. She says the European Union's Digital Services Act provides a model for platform accountability that Australia could adapt.
“This framework mandates age-appropriate design, clear terms of service, and prohibits targeted advertising to minors,” Dr Maddox told The Educator.
“Platforms must provide tools that help young users understand and manage their online experience, including options to turn off personalisation features that might affect their wellbeing. Importantly we await the final report from The Joint Select Committee on Social Media and Australian Society, which should inform any legislative action once it is released.”
Dr Maddox said this evidence-based approach, combined with meaningful consultation with Australian experts and affected communities, would help develop solutions that balance protection with young people's right to digital participation in an increasingly online world.
“Important research from the Australian Research Council Centre of Excellence for the Digital Child shows how we can create safer digital environments while preserving children's rights to participate online,” she said.
“Their 'Manifesto for a Better Children's Internet' provides evidence-based principles that align with international best practice in platform design and regulation.”