Is the Ban a Privacy Warning or Necessary Protection?
In a groundbreaking yet controversial move, Australia implemented a new social media law on 28 November 2024, preventing individuals under the age of 16 from creating accounts on major social media platforms, including TikTok, Instagram and Facebook. While aimed at protecting children from online harm, this policy has sparked significant debate concerning the implication for privacy and data security.
Privacy Concerns: Age Verification and Data Vulnerabilities
Under the new ‘Online Safety Amendment (Social Media Minimum Age) Bill 2024’, taking effect in November 2025, social media companies in Australia must verify users’ ages or face costly fines. This introduces complex privacy concerns, as platforms are likely to rely on methods such as government ID checks, biometric data, or behavioural algorithms for age verification. Critics argue these methods could create vulnerabilities for identity theft or misuse of sensitive personal data. Additionally, requiring age verification expands surveillance across all users, potentially eroding online anonymity, which is essential for vulnerable groups like domestic violence survivors or LGBTQ+ individuals.
Experts also worry that banning social media for under 16 year olds, might push young users toward unregulated online spaces, exposing them to even greater risks. While the ban is intended to protect children from harmful content, it excludes messaging apps and online gaming platforms, undermining its effectiveness, leaving children vulnerable on other digital platforms.
A Contrasting Viewpoint: The UK’s Online Safety Act
In contrast to Australia’s more restrictive approach, the UK has focused on creating a framework for online safety that does not involve a complete ban on younger users. The UK’s Online Safety Act (OSA), passed in 2023, aims to balance user safety with privacy, requiring social media platforms to implement stricter safety protocols without excluding younger audiences. This framework is designed to hold platforms accountable for protecting children and vulnerable users while allowing access to online spaces.
Unlike Australia’s reliance on age verification, the UK’s OSA focuses on making platforms safer through a combination of transparency, fines and direct oversight by Ofcom, the UK’s communication regulator. The UK’s approach also includes measures like age-appropriate content filtering to block harmful material, parental controls for better monitoring and robust content moderation to prevent cyberbullying and other forms of abuse. Additionally, platforms are required to publish transparency reports detailing their efforts to combat harmful content and disinformation.
Balancing Safety and Privacy
Australia’s Social Media Ban needs to balance safety and privacy. Both Australia and the UK aim to tackle the harms of unregulated social media, yet their approaches differ significantly. Australia’s ban indicates a strong position on child safety but risks violating privacy rights and unintentionally marginalising younger users. In contrast, the UK’s Online Safety Act prioritises a balanced framework, promoting inclusivity while holding platforms accountable for protecting users.
As debates around online safety evolve, particularly with the growing use of AI, striking a balance between protecting vulnerable users and safeguarding privacy will remain critical. For now, Australia’s groundbreaking law serves as both a bold experiment and a moral warning, emphasising the complexities of regulating digital spaces while respecting privacy rights.
How can Taylor Hampton Help:
At Taylor Hampton, we recognise the serious implications of personal and private information being mishandled or exposed. Our experienced legal team is highly knowledgeable in data protection and privacy laws, ensuring that you have the support and guidance needed if your personal information becomes compromised due to these verification measures. Whether you are an individual concerned about your digital privacy or a company navigating compliance requirements, Taylor Hampton offers tailored legal advice and practical solutions. We specialise in helping clients safeguard their rights and interest, offering strategic support to resolved data breaches and protect your digital identity with the utmost confidentiality and professionalism.
Contact our Head of Australian Migration Greg Veal HERE:
