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YouTube to be included in government’s new under-16s social media legislation

The eSafety Commissioner has revealed why the video-sharing platform is included in world-first age-based legislation.
The federal government has revealed what will be included in its under-16 social media ban.

YouTube to be included in government’s new under-16s social media legislation

The eSafety Commissioner has revealed why the video-sharing platform is included in world-first age-based legislation.

The Albanese Government will include YouTube in its world-first under-16 social media laws that come into effect at the end of the year.

Proposed age-restricted social media platforms originally included Facebook, Instagram, Snapchat, TikTok, and X, but not YouTube as the Government believed it had educational benefits.

But eSafety Commissioner Julie Inman Grant intervened following a survey of adolescents, finding YouTube can be just as harmful as other sites.

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Online Safety (Age-Restricted Social Media Platforms) Rules will be tabled in Federal Parliament on Wednesday to specify which types of online services will not be captured by the social media legislation, including online gaming, messaging apps, health and education services.

The government said these types of online services have been excluded from the new minimum age obligations because they pose less of a risk to under 16s, or are regulated under different laws.

From December 10, 2025, all services that meet the definition of “age-restricted social media platform” in the Act, and are not excluded in the rules, will be subject to the social media minimum age law including fines up to $49.5 million.

Under 16s will still be able to use YouTube in a logged out state, but they won’t be able to hold an account.

‘We have parents’ backs’

The prime minister says his government is making it clear that it stands on the side of families.

“Social media has a social responsibility and there is no doubt that Australian kids are being negatively impacted by online platforms so I’m calling time on it,” Albanese said.

“Social media is doing social harm to our children and I want Australian parents to know that we have their backs.”

Communications Minister Anika Wells said the government “is giving kids a reprieve from the persuasive and pervasive pull of social media while giving parents peace of mind”.

“We want kids to know who they are before platforms assume who they are,” Wells said.

“There is no one perfect solution when it comes to keeping young Australians safer online – but the social media minimum age will make a significantly positive difference to their wellbeing.

“The rules are not a set and forget, they are a set and support.

“There are heavy penalties for companies who fail to take reasonable steps to prevent underage account holders onto their services of up to $49.5 million.

“There’s a place for social media, but there’s not a place for predatory algorithms targeting children.”

‘Voices against the cod cannot be ignored’

The Opposition is now questioning the advice and authority of the eSafety Commissioner.

Shadow communications spokesperson Melissa McIntosh said “the remit of the eSafety Commission without adequate safeguards is now in question.”

“Requiring adults to log in to an account to browse the internet is taking the eSafety Commissioner’s power to a new level which needs to be scrutinised,” McIntosh said.

“The voices against the code cannot be ignored and whilst the intent is to protect young people from harms it is essential that this is balanced with a person’s right to privacy and protection of their personal freedoms.”

YouTube issued a statement on Tuesday night, saying they will “consider their next steps”.

“We share the Government’s goal of addressing and reducing online harms,” a spokesman said. “Our position remains clear: YouTube is a video sharing platform with a library of free, high-quality content, increasingly viewed on TV screens. It’s not social media.

“The Government’s announcement today reverses a clear, public commitment to exclude YouTube from this ban. We will consider next steps and will continue to engage with the Government.”

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