Alex is Sprintlaw’s co-founder and principal lawyer. Alex previously worked at a top-tier firm as a lawyer specialising in technology and media contracts, and founded a digital agency which he sold in 2015.
On 10 December 2025, Australia’s social media minimum age laws came into effect. Under the new framework, age-restricted social media platforms must take reasonable steps to prevent Australians under 16 from creating or keeping accounts.
The laws are designed to help protect children online and create safer digital spaces for young people. Although the main legal obligations apply to platform providers, the changes may still be relevant for businesses that use social media to communicate with children, teenagers, parents or families.
For most small businesses, this does not mean enforcing the ban themselves. Instead, it is a useful opportunity to review how the business manages online promotions, direct messages, user-generated content, privacy, child safety and influencer arrangements involving young people.
What Has Changed?
Australia’s social media minimum age laws require certain social media platforms to take reasonable steps to prevent children under 16 from creating or keeping accounts.
The obligation sits with age-restricted social media platform providers. It does not mean ordinary businesses need to verify the age of every person who views their posts, follows their page or interacts with their content.
The rules apply to age-restricted social media platforms, not every online service. This means most ordinary business websites, online stores and customer contact forms will not be treated in the same way as major social media platforms. However, businesses that operate apps, forums, online communities or other interactive platforms with social-media-style features may need to consider whether specific online safety obligations apply.
The law also does not prescribe one single method of compliance. Instead, the concept of “reasonable steps” is intended to be flexible and will depend on the nature of the platform and the steps it takes to prevent under-16 users from holding accounts.
Do Businesses Need To Enforce The Ban?
In most cases, no. Ordinary businesses that use social media to advertise, post updates, share content or communicate with customers are not responsible for enforcing the under-16 social media ban. The main legal obligation is placed on social media platform providers, not on businesses that simply use those platforms.
This means a small business generally does not need to police whether a young person is using a social media account. However, businesses should avoid creating campaigns or processes that depend on children under 16 having or using an account on an age-restricted social media platform.
For example, a business that runs a promotion requiring entrants to follow an Instagram account, tag friends or submit content through TikTok may need to consider whether that entry process is appropriate if the campaign is likely to appeal to children or young teenagers.
When Could The Laws Be Relevant To A Business?
The laws may be relevant to businesses that engage with younger audiences, even if those businesses are not directly responsible for enforcing the ban.
This could include businesses that market products or services to children, teenagers or families, run competitions or giveaways through social media, use young influencers or student ambassadors, post photos or videos of children online, or communicate with minors through comments, direct messages or tagged content.
It may also be relevant for businesses that operate their own app, online community, forum, portal or membership platform, particularly if users can create profiles, post content, comment, upload images or message each other.
These activities are not automatically prohibited. However, they may raise related legal and practical issues around consent, privacy, child safety, marketing practices and online communications.
What Should Businesses Review?
For many businesses, the under-16 social media laws will not require major operational changes. However, businesses that engage with children, teenagers or families should consider reviewing their existing legal documents and internal processes.
A good starting point is the business’s social media policy. This policy should set clear expectations around who can post on behalf of the business, how staff respond to comments or messages from minors, whether direct messaging with children or teenagers is appropriate, and how tagged content or user-generated content should be handled. This may be particularly important for businesses such as tutoring providers, sports clubs, dance schools, music schools, youth programs and family-focused services.
Businesses should also review their privacy policy. If a business collects information such as a child’s age, date of birth, school year, parent or guardian details, photos, videos, social media handles or consent forms, the privacy policy should clearly explain how that information is collected, used, stored and disclosed. Businesses should also avoid collecting more personal information than necessary. For example, if the business only needs to know whether someone falls within a particular age range, it may not need to collect a full date of birth or identity document.
Competition and promotion terms may also need attention. Many social media promotions require entrants to follow a page, tag friends, comment on a post, submit a video or share content through a platform. If a promotion is likely to appeal to children or young teenagers, businesses should consider whether the terms clearly address age eligibility, parent or guardian consent, entry requirements and how winners will be contacted.
Businesses that post photos or videos of children should also ensure they have appropriate consent processes in place. A photography or video consent form can help clarify where images may be used, whether the child’s name or location can be identified, whether the content may be used for marketing, and whether consent can be withdrawn.
For businesses that work directly with children, a child safety or safeguarding policy should also cover online interactions. This may include direct messaging, staff communication boundaries, social media contact with students or participants, online classes, sharing images of children and responding to inappropriate online behaviour.
Influencer, ambassador and creator agreements are another area to review. If a business works with young influencers, junior athletes, performers or student representatives, the agreement should make clear whether the young person is under 16, whether parent or guardian consent has been obtained, who approves the content, which platforms will be used and whether the campaign depends on the young person personally holding or using an age-restricted social media account.
This does not necessarily mean businesses cannot work with young creators. The key issue is whether the arrangement relies on a person under 16 personally operating an account on an age-restricted social media platform. In some cases, it may be more appropriate for content to be approved by a parent or guardian and shared through the business’s own account or other suitable channels.
Finally, businesses with their own online communities, apps, forums or membership platforms should review their website terms and community guidelines. This is particularly relevant where users can create profiles, post content, comment, upload images or message other users. Most ordinary business websites will not be treated in the same way as major social media platforms, but businesses with interactive community features may need specific advice about whether online safety obligations apply.
What Should Businesses Avoid?
Businesses should be careful not to design promotions or campaigns that encourage under-16s to create or use accounts on age-restricted social media platforms. This may be relevant where a campaign requires a person to follow an account, tag friends, submit social media content or send a direct message through a platform.
Businesses should also avoid collecting unnecessary age-verification information from customers unless they have a clear legal or operational reason for doing so. Collecting information such as dates of birth, identity documents or parent details can raise privacy considerations, particularly where children or young people are involved.
Where a business does need to collect age-related information, it should be clear about why that information is needed, how it will be used, how long it will be kept and who it may be shared with.
Practical Steps For Businesses
Businesses do not need to overhaul their operations simply because the laws have commenced. However, if you’re a business that regularly engages with children, teenagers or families, it’s a good idea to consider whether your current practices remain appropriate.
As a practical step, you may wish to review campaigns that rely on under-16s using social media accounts, check competition terms and age eligibility requirements, ensure parent or guardian consent is used where appropriate, avoid collecting unnecessary age-verification information, and review how staff communicate with minors online.
You should also consider whether influencer or ambassador arrangements involving young people remain suitable, whether privacy policies and consent forms are up to date, and whether important customer communications should also be available through channels other than social media.
These steps are not about businesses enforcing the ban. They are about ensuring that online communications, promotions and customer interactions remain clear, appropriate and legally informed.
Key Takeaway
Australia’s social media minimum age laws are primarily directed at age-restricted social media platform providers. For most small businesses, the laws do not create a direct obligation to enforce the ban or verify every user’s age.
However, businesses that engage with children, teenagers or families should still understand the legal context. The changes are a good opportunity to review social media policies, privacy policies, competition terms, consent forms, child safety procedures, influencer agreements and online community guidelines.
For most businesses, the goal is not to move away from social media altogether. It is to make sure their online practices remain appropriate, privacy-conscious and aligned with Australia’s evolving online safety framework.
If you would like to review your current practices in light of the under-16 social media ban, you can reach us at 1800 730 617 or team@sprintlaw.com.au for a free, no-obligations chat.




