The full article has been reproduced below with kind permission.
Click here to read the article in The Times: Banning under-16s from social media lets platforms off the hook
Australia’s decision to ban under-16s from social media platforms such as Instagram, TikTok, Snapchat, YouTube and Reddit has been hailed as a bold move to protect children from online harm. France also announced last week that it plans to introduce a similar ban for children younger than 15 from September.
However, the sweeping Australian law, which took effect last month, risks creating more problems than it solves. While protecting young people from cyberbullying, grooming and addictive algorithms is of critical importance, the policy is a blunt tool that targets user access, rather than addressing the behaviour of the platforms themselves.
Without simultaneously tackling platform design, algorithms and enforcement, the blanket restrictions risk unintended consequences, including driving young people towards darker, unregulated areas of the web and severing them from online communities that they rely upon for connection, potentially increasing anxiety and loneliness.
Banning also encourages workarounds — early signs suggest children are already bypassing age checks or finding sites with weaker safeguards in place. Furthermore, excluding younger people from social media will not eliminate the risks associated with private messaging, including cyberbullying and image-based abuse.
Legal challenges have already commenced and focus on whether protecting children online should come at the expense of rights, privacy and practicality. The broader issue remains unresolved: how to create a safer digital environment without relying on exclusion as a primary safeguard. The risks faced by young people online do not disappear when they turn 16, and a sudden introduction to an online world that they have been excluded from could leave them unprepared and exposed.
An outright ban does not force technology companies to fix inherently unsafe designs, harmful algorithms, or poor moderation practices. Platforms in Australia risk fines of up to £25 million if they fail to take reasonable steps to exclude those younger than 16 from their sites. Given that Meta earns that amount globally in just two hours, such penalties may have limited impact on platform behaviour or incentives to redesign unsafe systems.
Tackling content and algorithms should be at the centre of keeping children safe online, together with safer platform design and robust moderation and enforcement. The digital world has become part of childhood. Targeted, proportionate measures are required rather than blanket action. Banning young people from social media is one option, but there are more effective ways to keep them safe online.
Meaningful progress requires a combined approach from government, regulators, platforms, educators and parents alike. No one party can effect change in isolation.
Mark Jones is a partner at the law firm Payne Hicks Beach.
For further information, please contact Mark Jones or your usual contact in the Dispute Resolution Department or, alternatively, telephone on 020 7465 4300
