Protecting Kids in the Digital Age
What the new social media rules of Australia mean for your family and business
Social media has now become an integral part of daily life. With algorithms constantly bombarding us with content, social media has become a challenge for both children and adults. However, many parents, educators, and lawmakers have expressed concerns about the growing risks posed by social media for underage children. As of 10 December 2025, Australia has taken a step towards safer online spaces for children by banning social media for kids under 16, as enforced by the Online Safety Amendment (Social Media Minimum Age) Act 2024.
At Law Team, we understand the importance of staying current with these changes and taking proactive steps to protect our future generations. Continue reading to discover the latest developments in social media laws for children and how our team can help families and businesses navigate these changes.
At a Glance: Social Media Age Restrictions
Children under the age of 16 are legally prohibited from holding accounts on major social media platforms in Australia beginning December 10, 2025.
The SMMA Act 2024 places the responsibility on tech companies, not parents, with hefty fines for non-compliance.
Under the 2025 Rules, messaging, gaming, and educational tools remain accessible to children.
Law Team provides preventative audits for businesses and rights education for families to navigate these new digital boundaries.
Why do children require stricter social media laws?
Many social media platforms now use powerful algorithms to exploit developing brains. Furthermore, research indicates that online spaces pose significant safety risks for children. According to the eSafety Commissioner's report, Digital use and risk: Online platform engagement among children aged 10 to 15, 96% of children aged 10-15 were active on platforms before the 2025 mandate, with more than 50% experiencing cyberbullying and 14% reporting grooming behavior. Source: Digital use and risk: Online platform engagement among children aged 10 to 15
What is the new social media ban for underage kids in Australia?
Australia introduced the Online Safety Amendment (Social Media Minimum Age) Act 2024 as an amendment to the Online Safety Act 2021, making it the world's first country to prohibit social media accounts for children under the age of 16, effective late 2025. Unlike previous guidelines, this new legislation shifts the responsibility from parents and carers to platforms, as tech companies could face million-dollar penalties for not taking reasonable steps to ensure age verification. Source: Online Safety Amendment (Social Media Minimum Age) Act 2024
The eSafety Commissioner considers platforms such as Instagram, Facebook, TikTok and X to be age-restricted. For an updated list of age-restricted social media platforms, visit the eSafety website.
How to ensure compliance with SMMA 2024 as an Australian business?
The updated regulations on Social Media Minimum Age (SMMA) 2024 clearly state that businesses and platforms are now legally responsible for taking adequate steps to prevent children from holding accounts. The Online Safety (Age-Restricted Social Media Platforms) Rules 2025 clarify this mandate by distinguishing between restricted social spaces and essential digital tools. These rules ensure that while platforms like TikTok are restricted, critical services for education and health remain accessible to younger users. Source: Online Safety (Age‑Restricted Social Media Platforms) Rules 2025
What are the key changes in social media regulation in 2026?
The newest legislative measures prompt tech companies to address the following areas with high scrutiny:
Age verification requirements
Platforms must use stricter age verification processes to ensure that users meet the minimum age requirements. This step reduces the likelihood that underage children will use social media and protects their privacy.
Parental controls and monitoring
Social media platforms must provide enhanced parental control features, enabling carers to monitor and limit their child’s online activity.
Content moderation standards
Platforms are held more accountable for promptly removing harmful content. The eSafety Commissioner has the authority to impose significant fines on non-compliant companies.
Data privacy safeguards
Companies must demonstrate that they are collecting and using children's data responsibly, in line with Australia’s Privacy Act 1988 and forthcoming reforms.
If your business is affected by these new regulations, Law Team can advise you on how to ensure that your terms of service and content moderation standards comply with the eSafety Commissioner's most recent regulations to avoid heavy penalties.
What is Law Team’s preventative approach for businesses and families to navigate new social media regulations?
At Law Team, we believe that proactive compliance is the only way to secure your future. We don't just explain the law; we also offer a preventative roadmap:
For Families: We educate you on your rights under the Online Safety Act, assisting you in navigating privacy issues and protecting your child's digital footprint.
For Businesses: We conduct rigorous audits of your "Reasonable Steps" protocols to keep you ahead of eSafety Commissioner audits and avoid catastrophic non-compliance fines.
Contact Law Team today to discuss a preventative compliance strategy tailored to your family or business.
About the Author: Erin Vassallo
Erin Vassallo is the Principal Solicitor and founder of Law Team, a values-led law firm with a strong reputation across New South Wales and Queensland. With over two decades of experience in commercial, construction, and property development law, Erin is a trusted advisor to developers, landowners, and business owners navigating complex projects and legal risk.
Her hands-on experience includes joint ventures, structuring development deals, contract negotiation, risk mitigation, and project governance across residential, commercial, and mixed-use developments. Erin holds qualifications in law, political science, mediation, and disruptive strategy (Harvard Business School) and is the founder of Certified BCorp Law Team, committed to ethical business practices and social impact.