The under-16 social media rules: what businesses need to know
By the ITLAW Team · General information, not legal advice
In short
- Since 10 December 2025, age-restricted social media platforms must take reasonable steps to prevent Australians under 16 from having accounts.
- The obligation sits with the platforms, not with parents, children or businesses that advertise on them.
- Amendments passed in September 2026 increased the maximum penalty for platforms.
The Online Safety Amendment (Social Media Minimum Age) Act 2024 amended the Online Safety Act 2021 (Cth) to introduce a minimum age of 16 for holding an account on age-restricted social media platforms. The obligation took effect on 10 December 2025 and is enforced by the eSafety Commissioner.
Which platforms are covered
As of 10 December 2025, eSafety identified Facebook, Instagram, Kick, Reddit, Snapchat, Threads, TikTok, Twitch, X and YouTube as required to take reasonable steps to prevent under-16s from having accounts. The list can change as services evolve or new ones emerge, and the rules were amended in March 2026 to add further criteria.
What “reasonable steps” means
The law does not require platforms to guarantee no under-16 ever has an account. eSafety assesses whether a platform has taken reasonable steps through its systems and processes, including age assurance, guided by regulatory guidance published in September 2025. Platforms must also protect any data collected to check age.
Penalties
There are no penalties for under-16s or their parents. Platforms that fail to take reasonable steps face court-ordered civil penalties. Following amendments passed by Parliament on 10 September 2026, the maximum penalty increased to $109.2 million.
What it means for other businesses
- Marketing: brands that target teenagers through social media should expect smaller under-16 audiences on covered platforms and review campaign targeting.
- Your own platform: if you run a community, app or forum with social features, check whether it could meet the definition of an age-restricted social media platform.
- Children’s privacy: separate obligations are coming under the Children’s Online Privacy Code.
For the wider rules on selling and marketing online, see our online business law guide.
Need advice?
Our articles are general information only. For advice on your circumstances, send us an enquiry and an ITLAW lawyer will reply by email, usually within one business day.
Frequently asked questions
When did the under-16 social media rules start?
10 December 2025.
Who is responsible for complying?
The age-restricted social media platforms. There are no penalties for children or parents.
What is the maximum penalty for platforms?
Following amendments passed on 10 September 2026, platforms that fail to take reasonable steps face penalties of up to $109.2 million, as determined by a court.
