Social Media Ban: Why Organisations Still Need Robust Online Safety Policies

Social Media Ban: Why Organisations Still Need Robust Online Safety Policies

Australia’s introduction of a minimum age for social media has been described as a world-first reform aimed at protecting young people from online harm. From December 10 2025, many platforms are required to prevent users under 16 years of age from creating or maintaining accounts, placing responsibility squarely on tech companies rather than children or parents.

While this marks a significant shift in Australian regulation and enforcement of social media, it does not completely eliminate online risk. For organisations working with children and young people, the legal and safeguarding obligations remain unchanged, and in some cases, they are even more complex.

Australia’s Social Media Ban: What the Law Actually Does

The reform is not an absolute prohibition. Instead, it introduces enforceable obligations on platforms to restrict access, backed by significant financial penalties for non-compliance. However, regulators have acknowledged that enforcement will not be perfect or immediate. Some platforms will implement stricter systems than others, and gaps are expected during rollout. This means children and young people may still be able to access social media despite the new rules.

For organisations, this reinforces a key point: legislative reform reduces exposure, but it does not remove risk.

Under-16s Will Still Access Content: Workarounds and Loopholes

One of the biggest limitations of the reform is that young people can still find ways to access social media and online environments.

Reports show that teenagers are:

• Faking their age or using borrowed accounts;
• Migrating to less-regulated platforms
• Using VPNs or alternative tools to bypass restrictions

Even policymakers and regulators acknowledge that age restrictions introduce “friction,” not a complete solution. For organisations, this reinforces a critical point; risk is reduced but not removed.

Grooming Risks Continue in Gaming and Unmoderated Spaces

A critical limitation of the reform is that it does not cover all online environments. Many platforms commonly used by children and young people, particularly gaming and messaging services, fall outside the scope of the restrictions.

This means there is ongoing exposure to grooming and harmful interactions in spaces that are often less visible and less regulated. Private chats, multiplayer games, and community servers can allow direct communication between children and unknown adults with limited oversight.In practice, the risk landscape is shifting towards these environments rather than disappearing.

eSafety Commissioner Powers and Ongoing Regulation

The eSafety Commissioner powers play a central role in enforcing Australia’s online safety framework. The regulator can:

• Monitor compliance with age-restriction laws;
• Investigate harmful online content;
• Issue notices and enforce platform accountability;
• Support individuals and organisations affected by online harm

The social media reforms form part of a broader regulatory system designed to hold platforms accountable and reduce harm, but they do not eliminate it entirely.

What Happens If a Child Under 16 Is on Social Media?

A common misunderstanding is that children or parents will be penalised under the new laws. This is not the case. Responsibility rests with the platforms.

If a child under 16 years of age is on social media, the likely outcome is that the account may be suspended or removed if detected. However, enforcement inconsistencies mean some accounts may remain active.

Social Media Age Restrictions in Schools and Organisational Settings

The reforms are already influencing social media age restrictions in schools, with many institutions tightening policies around device use and online conduct.

However, schools and organisations must still address:

• Student interactions on non-banned platforms
• Online bullying, harassment or image-sharing
• Communication between staff and students outside official channels

Recent incidents involving harmful content circulating among students highlight how quickly online risks can escalate, even with regulatory oversight.

This underscores the need for clear internal policies, not just reliance on external regulation.

Reportable Conduct Still Applies to Online Misconduct

Crucially, the introduction of age restrictions does not change reportable conduct obligations.

Organisations must still respond to:

• Grooming (including digital grooming);
• Inappropriate online communication;
• Sharing of explicit or harmful material;
• Psychological harm facilitated through digital platforms

If misconduct occurs online, it can still trigger reporting obligations under relevant child safety laws and schemes. The digital context does not reduce liability, it expands it.

Staff-Student Contact on Non-Banned Platforms

As many communication tools remain accessible, risks relating to staff-student boundaries persist. Even where a platform is not restricted, inappropriate or unmonitored communication can expose both children and organisations to harm.
Clear expectations around digital conduct are essential. Without them, informal or private communication channels can quickly become high-risk environments.

Organisations must ensure they implement:

• Clear boundaries on acceptable communication channels
• Prohibition or strict control of private messaging
• Monitoring of unofficial or personal accounts

Even where platforms are not “banned,” inappropriate contact can still constitute misconduct and expose organisations to legal and reputational risk.

 

National Child Safe Standard 8: Physical and Online Environments

National Child Safe Standard 8 (Victorian Child Safe Standard 9) requires organisations to ensure both physical and online environments promote safety and minimise risk.

The social media reforms reinforce, not replace this obligation. To meet this standard, organisations should:

• Identify online environments children and young people use (including gaming and messaging platforms)
• Assess risks beyond traditional social media platforms
• Implement clear policies, supervision and education strategies
• Ensure reporting pathways include online harm

A compliant organisation does not rely solely on legislation. It actively manages emerging risks.

What This Means for Organisations

The introduction of social media restrictions does not remove an organisation’s safeguarding responsibilities. It changes how those risks present. Online harm is increasingly occurring in less visible, less regulated environments, and children and young people may still access platforms despite age restrictions.

At the same time, legal obligations remain unchanged. Reportable conduct frameworks apply equally to online behaviour, and risks such as grooming, boundary breaches, or inappropriate communication can arise across a wide range of digital platforms, not just those captured by the ban. Staff-student interactions outside approved channels continue to present a significant area of exposure.

For organisations, this reinforces the need to actively meet obligations under National Child Safe Standard 8 by identifying and managing risks across both physical and online environments. Passive reliance on platform regulation is not sufficient.

In practice, organisations should prioritise:

• Recognising that online risks are shifting to less regulated spaces, not disappearing
• Ensuring policies address children and young people’s real online behaviours, not just restricted platforms
• Maintaining clear protocols for staff-student communication across all digital
  channels
• Embedding reportable conduct responses that include online misconduct
• Actively assessing and managing online environments in line with National Child
  Safe Standard 8

How Safe Space Legal Can Help?

The team at Safe Space Legal have extensive safeguarding experience. We have worked with many organisations across Victoria, and Australia, to ensure they are meeting their legal obligations and frequently conduct independent safeguarding investigations. We work with organisations to respond proactively to evolving online risks and meet their safeguarding obligations with confidence.

Our team works with organisations to develop and strengthen child-safe frameworks that reflect real-world digital environments. Safe Space Legal provides the following services to ensure organisations meet their legal obligations:

• Supporting organisations to have robust recruitment strategies to keep children and young people safe;
• Providing organisations advice on their legal obligations and compliance;
• Drafting best practice child safety policies, procedures and codes of conduct;
• Conducting gap analysis audits of critical incidents;
• Providing training on legal obligations, duty of care and child safety;
• Conducting child safety investigations which are compliant with relevant state and territory schemes; and
• Provide sound legal advice on risk mitigation.

Contact office@safespacelegal.com.au or call (03) 9124 7321 to organise a complementary discussion in relation to your organisation’s safeguarding needs.