Australia is entering a new era of online safety regulation. From 10 December 2025, amendments to the Online Safety Act 2021 will impose two landmark obligations on social media platforms: a minimum age requirement of 16 and a Digital Duty of Care designed to prevent harm before it occurs.
Minimum Age Requirement
Under the new regime, designated social media services must take “reasonable steps” to ensure Australians under the age of 16 cannot hold accounts. This obligation applies to both new and existing users.
The government has identified ten platforms that fall within the scope of this restriction: Facebook, Instagram, Snapchat, Threads, TikTok, X (formerly Twitter), YouTube, Reddit, Kick, and Twitch.
Importantly, platforms are prohibited from requiring government-issued identification or Digital ID as part of their age verification process. Instead, they must adopt alternative methods that are effective yet proportionate.
Any data collected for age assurance must be strictly ring-fenced and destroyed once used, with misuse or retention exposing companies to potential breaches of the Privacy Act.
Digital Duty of Care
Beyond age restrictions, the legislation introduces a broader obligation for platforms to proactively mitigate foreseeable harms. This duty requires services to embed safety-by-design principles, addressing risks such as grooming, mental health impacts, cybercrime, and illegal content. Compliance will involve ongoing risk assessments, reporting obligations, and cooperation with regulatory oversight.
Regulatory Oversight and Penalties
The eSafety Commissioner and the Office of the Australian Information Commissioner will monitor compliance. Enforcement powers include public notices, compliance directions, and significant civil penalties. Corporations face maximum fines of 150,000 penalty units, currently equivalent to approximately $49.5 million, for failing to enforce the minimum age requirement or breaching related codes.
Why This Matters
The reforms aim to protect adolescents during a critical developmental stage, while preserving access to essential educational and communication tools. By shifting from reactive takedown systems to proactive safety measures, the legislation aligns platform responsibilities with community expectations and global best practice.
Legal Challenges Ahead
The new framework is not without controversy. A High Court challenge has been brought by the Digital Freedom Project and two minors who are arguing that the age restriction infringes constitutional protections for political speech.
Implications for Industry
Platforms must act now to prepare for compliance. This includes implementing privacy-compliant age assurance systems, conducting risk assessments, and embedding safety-by-design features. Failure to do so could result in substantial financial penalties and reputational damage.
