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Australia's Under-16 Social Media Ban Takes Effect — What It Means For U.S. Policy

Australia's Under-16 Social Media Ban Takes Effect — What It Means For U.S. Policy
Australia implements social media ban: What’s the environment in the US?

Australia has started enforcing a law prohibiting under-16s from holding accounts on major social platforms, a move likely to influence global debates. U.S. lawmakers are preparing to mark up 18 child-safety bills, including a revised Kids Online Safety Act (KOSA) that removed a contested 'duty of care' provision. Critics — including Democrats and parent advocates — say the changes may weaken protections, while sponsors argue they reduce First Amendment risk. The debate highlights the tension between robust child-safety rules and constitutional constraints.

Australia on Wednesday began enforcing a landmark law that bars children under 16 from holding accounts on major social platforms, creating one of the boldest national attempts to curb online harms to minors.

The law — approved by the Australian parliament last November — targets platforms including Facebook, Instagram, Snapchat, TikTok, X and YouTube. Companies that fail to comply could face fines of up to $32.9 billion under the law, a penalty scale that underscores Canberra's intent to force tech companies to change practices that policymakers say endanger children.

'This is indeed a proud day to be Australian because make no mistake, this reform will change lives for Australian kids and allow them to just have their childhood for Australian parents, enabling them to have greater peace of mind,' Prime Minister Anthony Albanese said Wednesday. 'If Australia can do it, why can't we?'

Why Other Countries Are Watching

Australia's move will be closely watched around the world, including in the United States, where lawmakers and advocates have been debating how far to go to protect children online while respecting constitutional limits. The U.S. House Energy and Commerce Subcommittee on Commerce, Manufacturing and Trade scheduled a markup of 18 bills Thursday addressing kids' online safety — including the Kids Online Safety Act (KOSA).

The U.S. Debate: Durability Versus Strength

Rep. Gus Bilirakis (R-Fla.) introduced a revised House version of KOSA that strips the bill's controversial 'duty of care' language that would have required platforms to 'exercise reasonable care' to prevent harms to minors. Bilirakis said the edits were intended to remove First Amendment vulnerabilities and make the bill more legally durable.

Supporters of stronger rules — including many Democratic lawmakers and bereaved parent advocates who have campaigned for tougher regulation — argued the revisions weaken protections. Rep. Kathy Castor (D-Fla.) called the reworked KOSA and a separate update to the Children’s Online Privacy Protection Act (COPPA) 'weak, ineffectual.' Parent advocates warned they could oppose the package if lawmakers advance a watered-down KOSA.

Those shifts may make House GOP leadership more comfortable with the bill, but they risk losing Democratic support in the Senate, where 60 votes are needed to overcome a filibuster. Sen. Marsha Blackburn (R-Tenn.), a leading Senate sponsor, warned the House version 'would not ensure Big Tech companies like Meta prioritize the safety of children over profit.'

RESET Act Left Off Markup

One notable omission from the House markup was the Reducing Exploitative Social Media Exposure for Teens (RESET) Act, which — like Australia’s law — aimed to bar under-16s from maintaining accounts on certain platforms. The RESET Act was discussed at a prior hearing but was not included in the package for Thursday’s markup, leaving its future uncertain.

Voices Calling For A Ban

Some U.S. figures have publicly supported policies similar to Australia's. Former Chicago Mayor Rahm Emanuel urged the U.S. to 'pick up its game' and consider a comparable ban, arguing that, left unchecked, algorithms will exert outsized influence over adolescents. Advocates for parents and children's health say policymakers must balance free-speech concerns against clear evidence of harm to minors.

As the Australian law takes effect in practice, it will provide data and precedent that could shape legislative choices in the U.S. and other democracies wrestling with how to protect children online while respecting constitutional protections.

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