The ‘Social Media Minimum Age Rules’ (SMMA) introduced through the Online Safety Amendment (Social Media Minimum Age) Act 2024 (Cth) (SMMA Act) and given effect through Part 4A of the Online Safety Act 2021 (Cth) (OS Act) are now in force in Australia.
The SMMA are a landmark set of rules which require various Australian social media platforms to take ‘reasonable steps’ to restrict the age of their users to 16 or older.
To assist in navigating these newly enforced rules, we provide a summary of who the rules apply to and some of the nuances you should be aware of.
Placing the Burden on Social-media Platforms
Despite what you may hear online, the burden imposed by the SMMA rules is placed on social media platforms, not children themselves. This means that it will be the organisations that are held liable for failing to appropriately restrict access to under 16s.
Social media platforms affected by these rules will be ones that possess the following characteristics:
- Be considered an ‘electronic service’;
- The sole purpose (or ‘significant purpose’) of the service is to enable online social interaction between two or more end-users;
- The service allows end – users to link to, or interact with, some or all of the other end – users; and
- The service allows end – users to post material on the service.
The office of the eSafety Commissioner has stated that the social media platforms Instagram, Facebook, Threads, Snapchat, TikTok, YouTube, X, Reddit, Twitch, and Kick will be considered age-restricted social media platforms in accordance with these rules. Notably, YouTube Kids, Discord, and Messenger will be excluded.
Other excluded services will generally include any platform with the sole or primary purpose of:
- Enabling end-users to communicate via messaging, email, voice calling or video calling;
- Enabling end-users to play online games with other end-users;
- Enabling end-users to share information about products or services;
- Enabling end-users to engage in professional networking or development;
- Supporting the education of end-users;
- Supporting the health of end-users;
- Facilitating communication between educational institutions and students; or
- Facilitating communication between healthcare providers and those using their services.[1]
In assessing whether a platform is likely to fall under these rules, the ‘significant purpose test’ should be adhered to. This involves an evaluation as to whether, if the social interaction features on the platform did not exist, users would engage with the platform in largely the same way. If they would not, then the platform is likely to be considered age restricted.
What is Required?
Social media platforms will need to undertake a form of age assessment of their users in order to meet the minimum age obligation.
As part of this verification process, age-restricted social media platforms will not be able to rely solely on government ID; there must always be a reasonable alternative available. This rule is intended to prevent the age restrictions from feeling oppressive and provide young people with a variety of options.
Social media service providers in breach of these rules may be penalised for a maximum of 30,000 penalty units (currently, $9.9 million). If the breach is done by a body corporate, then the maximum penalty rises to 150,000 penalty units (currently, $49.5 million). The substantial nature of these penalties is intended to reflect the seriousness of the harms as viewed by the Australian government.
Important Considerations
These rules being new, there is still much to be seen regarding how social media platforms can reasonably prevent access to under 16s in Australia. A variety of strategies beyond government ID verification are likely to be used, and platforms are likely to be exhaustive in their approach in order to mitigate the risk of being in breach.
For social media platforms, it is recommended that you use the self-assessment guide provided by the office of the eSafety Commissioner to determine whether your service falls within the rules.
[1] Online Safety (Age-Restricted Social Media Platforms) Rules 2025 (Cth), ss 5(1)(a) -5(1)(h).
Danielle Snell, Managing Partner & Co-Founder | [email protected] | 0401 812 885
Robert McGirr, Partner & Co-Founder | [email protected] | 0413 944 023
Article co-authored by Kieran Bull, Paralegal at Elit Lawyers