Minimum Age of 16 Years
On 29 November 2024, the Australian Parliament passed the Online Safety Amendment (Social Media Minimum Age) Act 2024, which establishes a minimum age of 16 years for the use of social media. Under this law, platforms such as Instagram and TikTok were required, beginning on 10 December 2025, to deactivate the accounts of users under the age of 16 and prevent the creation of new accounts as well as the circumvention of the age restriction. The aim of the law is to provide children and adolescents with “protection during critical stages of their development.”
Paradigm shift in the protection of children on social media
The Australian law is regarded worldwide as a pioneering step and paradigm shift in the protection of children on social media. Currently, 12 member states of the European Union, including Greece and Sweden, are preparing similar child protection laws, and age restrictions are being discussed throughout Europe. In Germany as well, child and youth protection measures on the internet, especially concerning social media, are increasingly being debated. Both governing parties support age restrictions for the use of social media. Current surveys show that a majority of the population, as well as many young people, support a ban modeled after the Australian example. Professional associations in pediatrics and psychology have also called for a corresponding ban based on the Australian model.
What experiences have been made with the ban in Australia so far? Which of these experiences can be applied to discussions about regulating social media for children and adolescents in Germany? What experiences have been made with the ban in Australia so far? Which of these experiences can be applied to discussions about regulating social media for children and adolescents in Germany?
Criticism of platform operators
By mid-January 2026, more than 4.7 million accounts belonging to users under the age of 16 had been deactivated in Australia. However, these figures alone are of limited significance. In April, a report by eSafety Commissioner Julie Inman Grant showed that seven out of ten Australian children still maintained accounts on platforms such as Instagram or YouTube. Either the accounts had not been deleted or it remained possible to create new ones without difficulty. Communications Minister Anika Wells strongly criticized the platform operators in this context, accusing them of deliberately circumventing the law.
Closing regulatory loopholes
The office of the eSafety Commissioner plays a key role in monitoring the implementation of the law, coordinating further measures, and closing regulatory loopholes. However, the office does not have its own independent authority and instead relies on cooperation with ministries and specialized institutions.
Make circumvention of the ban more difficult
In order to close regulatory gaps and make circumvention of the ban more difficult, the Australian government is currently working on supplementary legislation (Digital Duty of Care), which places responsibility for the harmful effects of social media not on consumers, but on platform operators, obligating them to implement safer platform design (Safety by Design).
New child-friendly platforms
At the same time as the social media ban in Australia, new child-friendly platforms such as QYou have emerged, providing online communities and discussion forums specifically for users under the age of 16. The platform operator (Twenty10) is an independent non-profit organization supported by the Australian government that is committed, among other things, to the mental health of children and adolescents.
First regulatory step
Public reaction to the law and its implementation has so far been mixed. In the press and among platform operators, criticism has repeatedly been expressed that the law was “too broad” and passed “too hastily.” Prime Minister Albanese responded that this was merely a first regulatory step with limited reach and that additional measures would follow.
Loss of virtual social environment and less online bullying
Criticism has also come from young people – especially in remote rural regions of Australia – where many lament the loss of their virtual social environment. Other affected individuals, however, have expressed relief that online bullying and the pressure of constant presence on social media have decreased. Many Australian parents point out that the law strengthens their position in everyday disputes over the amount of time children spend using social media.
Implications – Regulation in Germany
- Australian legislation is currently being expanded with regard to the product liability of platform operators. A corresponding debate or regulation in Germany should take this aspect into account from the very beginning.
- The same applies to the obligation of platform operators to implement effective age verification systems. Here too, the Australian example reveals regulatory gaps and possible ways to circumvent restrictions.
- The experience gained from the implementation of the law so far, as well as the role of the eSafety Commissioner as a governmental supervisory and monitoring authority, suggests the establishment of a comparable institution.
- A ban on the use of social media should be accompanied by the development of alternative services specifically designed for children and adolescents.
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