Social Media Restrictions in Australia—Should India Impose Similar Laws?

The Australian government has become the first in the world to ban social media for those under 16. The bill has been passed amid an uproar that this is being done in a rush, and it will end up sending teenagers into isolation. 

Australian Prime Minister Anthony Albanese said on November 29 that this will result in less harm for children. Taking to X, Albanese said, “And it will now officially become law. We're doing everything we can to keep our kids safe.” 

Speaking to the media, Albanese reportedly said that social media platforms have a social responsibility to keep children safe. Now, if social media platforms like Facebook and Instagram fail to comply with the law, they will face a fine of $50 million. It will take 12 months for the legislation to come into effect. 

Reports indicate that as of now the government hasn’t highlighted details about how the law would be enforced. However, as per suggestions by the government, social media platforms can use facial scans to detect the age of the user. 

Meanwhile, surveys have indicated that the majority of Australian voters are in favor of the ban. A survey by YouGov published on November 26 highlights that 77 percent of Australians support the ban. This is an increase from the 61 percent who supported the ban in August. 

“Our poll shows strong support across all aspects of the government’s proposed social media regulations,” said Paul Smith, YouGov Director of Public Data, in a statement. The survey that was conducted between November 15th and 21st, 2024, had a sample size of 1515 people.

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Meanwhile, tech giants have raised objections about this law and highlighted that it is unworkable. Soon after the bill was passed, a spokesperson for Meta said that the bill failed to take into consideration proper evidence. A spokesperson of Meta reportedly said that the tech gain is “concerned about the process that rushed the legislation through while failing to properly consider the evidence, what industry already does to ensure age-appropriate experiences, and the voices of young people." 

Tesla CEO Elon Musk also voiced criticism about the bill and called it a way to control access. Taking to X no. November 21, Musk wrote, “Seems like a backdoor way to control access to the Internet by all Australians.” 

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Now, to simplify, the intent of the law is to make social media platforms take “reasonable steps” to verify the age of the users. Further, those under the age of 16 will not be allowed to open social media accounts. It should be noted that as of now there is no clear indication as to which platforms the ban will cover. However, some of the platforms reportedly named by the government include TikTok, Facebook, Snapchat, Reddit, Instagram, and X. 

However, some platforms, such as gaming platforms, messaging apps, and educational consent are exempt from the law. Meanwhile, LinkedIn has mentioned that it should not fall under the purview of the ban as it is a professional network. The company said in a statement, “To that end, LinkedIn operates an online professional networking service for professionals where they can connect and interact, stay informed about the world of work, grow their professional network and brand, learn new skills, and find jobs or other career development opportunities.” 

The platform has also highlighted that since it is a professional network, it is not popular amongst minors as well. While asking for exemption, the company said in a statement, “We respectfully request that LinkedIn’s platform not be subject to regulation under the proposed legislation given the business purposes of the platform and the professional skill development and career development benefits offered by the platform to young people.” 

While Australia is the first country with such a ban, countries across the world have expressed concern about social media regulation. Just to give an example, a study has been launched by Britain to understand the impact of smartphones on children. However, technology secretary Peter Kyle told media on November 20 that the possibility to ban social media for those under 16 is not "on the table." 

In Germany, minors between the age group of 13 and 16 can use social media only with parental consent. Further, in the EU, for children under the age of 16, the consent of parents is needed to extract their personal data. To add to it, in August 2023, China released "Guidelines for the Establishment of Minors' Modes for the Mobile Internet." The intent of the guideline was to limit the usage of social media for minors. It says that teenagers aged 16 to 18 will be allowed a maximum of two hours to use smartphones per day. On the other hand, those under the age of 16 will have their usage restricted to one hour daily.

India's Social Media Conundrum: No Age Restrictions in Place

Now, coming to India, there is no law per se to restrict children from using social media. However, in September 2023, the Karnataka High Court highlighted that the government should consider bringing some sort of age limit for children. A bench comprising Justices G. Narender and Vijaykumar A. Patil highlighted that either social media should have a ban or it should have a minimum age of 21. 

To add to it, a study conducted by community platform LocalCircles highlights that 6 out of 10 parents report seeing inappropriate ads on OTT and social media platforms during content intended for all audiences or children. The survey received over 30,000 responses from parents located in 305 districts of India. The survey highlighted that 60 percent of parents encountered instances where age-inappropriate advertisements were shown during programs, videos, or movies labeled as suitable for all audiences or children. 

So, what about those who will be at the receiving end of it? 11-year-old Emma Wakefield told Reuters, "I feel like I still will use it; just secretly get in.” Experts also opine that the ban would cause more harm than risk. 

“While banning younger teens from social media might seem like a simple fix, it may actually introduce more risks. Young people are really good at being online—if they want to use social media, they will likely find a way,” said Katie Maskiell, Head of Policy and Advocacy, UNICEF Australia, in a statement. 

Further, a paper titled ‘Banning children’s social media use: A wave of symbolic regulations, but at what cost?’ published in March 2024, says that social media gives children a space to communicate freely. The study says that banning social media would restrict one’s ability to engage, access, and share information. As discussions increase about the implication of a social media ban, it will be interesting to note how countries will tackle this issue at a time when technology has become a constant part of our lives.