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Recently, the Australian Parliament passed the Online Safety Amendment (Social Media Minimum Age) Bill as part of the Online Safety Act of 2021 amendment. Starting in late 2025, the bill will prevent teenagers under 16 from using social media platforms including Instagram, TikTok, and Twitter/X. The bill plans to apply enormous fines to tech companies that don’t take measures to prevent minors from creating social media accounts.
Despite its intentions of protecting minors' mental health, the ban has sparked debate over digital censorship and privacy – raising notable concerns related to identity verification, digital access, and freedom of expression. One frequently cited concern is that this ban separates young people from any information and online support networks they may have: many young people primarily receive news on current events from social media and have cultivated online communities where they connect with other young people.
Others critique that setting a ban will lead to problems going unreported by teens who successfully circumvent it. In addition, social media companies have raised further concerns that this bill lacks guidance or advice on implementation.
Experts also comment that the bill lacks input from the group it impacts most – young people. The Australian government has said that they will solicit further expertise from young people, but critics argue that it's too late.
You can read more about the Australian Act here.
Outside of Australia, other countries have put forth or are discussing similar ideas:
- In Norway, the prime minister has announced plans to raise the minimum age to use social media from 13 to 15 in order to better protect young people from the "power of algorithms."
- Meanwhile in Turkey, the Information and Communication Technologies Authority announced plans to ban users under 13 from media applications; however, following news of Australia's ban, they adjusted their direction and are now considering a ban of all users under 16.
- In the UK, the Secretary of State for Science, Innovation and Technology has also said that a social media ban for people under 16 is "on the table" in the name of online safety.
Understandably, bills like these have raised concerns regarding what counts as "social media" – more directly, whether this bill will affect OTW projects. While the Legal committee is keeping their eye on these and other bills that may affect us, we do not believe these bills will affect any of our projects, including AO3.
While bills like these may not affect AO3, they are a reminder to stay alert and aware of legal changes in your jurisdiction. If applicable, you may also want to contact your local representatives and submit concerns regarding how legislation will affect fans in your country.
Is there a new law that might affect fans or fannish activities in your country? Send us a message about legislation you think we should know about. (Submitting a concern doesn’t guarantee that it will be included in a future Spotlight on Legal Issues post.)
The Organization for Transformative Works is the non-profit parent organization of multiple projects including Archive of Our Own, Fanlore, Open Doors, Transformative Works and Cultures, and OTW Legal Advocacy. We are a fan-run, entirely donor-supported organization staffed by volunteers. Find out more about us on our website.