WhatsApp, Twitch among platforms potentially facing Australia's under-16s social media ban

New Delhi: Australia's eSafety Commissioner is expanding the scope of a forthcoming social media ban for users under 16, potentially including popular platforms like WhatsApp, Twitch, Reddit, Roblox, and even dating apps, as the country prepares to enforce strict age restrictions starting December 10. 

The move aims to protect young people from online harms, but it has sparked concerns over enforcement, exemptions, and potential legal battles.

The ban, part of amendments to the Online Safety Act, will require designated platforms to prevent children under 16 from creating or maintaining accounts, with no provisions for parental consent. 

Initially targeting major social media giants such as Meta's Facebook and Instagram, Snap's Snapchat, TikTok, YouTube, and X (formerly Twitter), the regulator has now contacted at least 16 additional companies to assess their inclusion. The expanded list encompasses Meta's WhatsApp, Twitch (owned by Amazon), Roblox, Reddit, Discord, Pinterest, Kick, Steam, Lego Play, GitHub, HubApp, and Match Group (which operates Tinder, Hinge, and OkCupid). This "initial" roster could grow, as the eSafety Commissioner has reviewed around 100 platforms and continues consultations on borderline cases.

eSafety Commissioner Julie Inman Grant has instructed these companies to conduct self-assessments to determine if they qualify as "age-restricted" services under the law. Platforms must provide evidence in writing if they believe they should be exempt, with the regulator prioritising enforcement on those with the largest under-16 user bases and the highest risks of harm. "We need to hear them all out," Inman Grant said, emphasising due diligence, particularly for platforms popular with children that could attract predators. She highlighted concerns about Roblox, noting, "We know that when it comes to platforms that are popular with children, they also become popular with adult predators seeking to prey on them. Roblox is no exception and has become a popular target for paedophiles seeking to groom children."

Exemptions are available for services whose "sole or primary purpose" is online gaming, education, health, or professional networking, but features like in-app chats or social feeds could still bring platforms under scrutiny. Roblox, for instance, maintains it is an "immersive gaming platform, not a social media platform," and has informed eSafety of its exemption claim while committing to age assurance measures by year's end, including default private accounts for under-16s and restrictions on adult-child interactions. Dating apps, typically restricted to those 18 and over, were unexpectedly included, though age checks for such services were originally slated for separate industry codes.

The regulator lacks the authority to issue binding declarations on inclusions, raising the prospect of Federal Court disputes if companies disagree. "There really is a question about whether or not the legislation gives me the power to designate which companies are in and which are out," Inman Grant acknowledged, adding that some platforms are engaging in "creative shape-shifting" to avoid classification. Companies have described the rules as "vague," "rushed," and "problematic," with enforcement potentially symbolic due to unclear mechanisms. Non-compliance could result in fines up to AUD 49.5 million (about $32.6 million).

Age verification will largely be self-regulated by platforms, with trials underway and an independent study affirming that it can be done "privately, efficiently, and effectively." Meta plans to use AI on Instagram to detect underage users misrepresenting their age. Critics, however, worry about the ban's broader implications, including privacy concerns and its effectiveness in a digital landscape where workarounds like VPNs could undermine restrictions.