Law Report

Countdown to Australia's social media ban

Nov 25, 2025
John Payne, Chair of Electronic Frontiers Australia and a digital rights advocate, discusses Australia's looming social media ban for children under 16. He dives into the mechanisms platforms will use to verify ages and the potential risks of biometric checks, particularly for marginalized groups. Payne also points out that while the ban aims to reduce online harm, kids may find ways to circumvent it, like using VPNs. He advocates for a digital duty of care and stronger privacy laws to address the deeper issues behind online safety.
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INSIGHT

Major Platforms Covered, Many Left Out

  • The ban covers ten named social platforms but excludes messaging apps and many games, creating gaps in protection.
  • John Payne warns platforms will infer age from account age, interests and behaviour rather than reliable proof.
INSIGHT

Age Estimation Is Error-Prone At The Cutoff

  • Age estimation will use behavioural signals and biometric checks, but facial algorithms err most around ages 15–17.
  • Payne highlights higher error rates for females and people of colour, raising fairness concerns.
ADVICE

Expect Outsourced Appeals And Vet Vendors

  • Prepare for outsourced appeals and grievance handling when age checks fail.
  • Expect platforms to use third parties and watch for privacy and security weaknesses in those vendors.
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