Missing the Right(s) Point: How Australia’s Social Media Ban Fails Children and the Case for a Holistic Rights-Based Approach to Online Safety

In December 2024, Australia rewrote the rules of growing up. Children under sixteen may learn to drive, open a bank account, and even face criminal charges—yet the Australian Government considers them too young to scroll through Instagram or send a Snapchat. With the enactment of the Online Safety Amendment (Social Media Minimum Age) Act 2024, Australia became the first country to introduce an outright ban on social media access for those under sixteen. This bold legislative move has attracted global attention, with several countries reportedly considering similar measures. Through a critical analysis of Australia’s social media ban, this article provides global policymakers with key insights into its design and implications. While well intentioned, the law raises serious human rights concerns, particularly in relation to children’s freedoms of expression, association, and peaceful assembly, as well as their rights to education, development, culture, leisure, play, health, and privacy.

This article argues that Australia’s social media ban sets a dangerous precedent for global digital governance. Recognizing that social media can both empower and endanger children, this article makes the case for a holistic, rights-based approach to online safety. It calls on policymakers to give primary consideration to children's rights and diverse needs, ensuring that they place their best interests at the center of all regulatory efforts. It further contends that the success of this approach depends on sustained, coordinated efforts from all stakeholders: governments, online service providers, families, communities, and children themselves. To this end, this article highlights five key strategies to improve children's online safety: (1) strengthening legislative protections for human rights in general and children's rights in particular; (2) introducing a statutory duty of care requiring online service providers to safeguard children's digital wellbeing; (3) ensuring the meaningful participation of children as rights holders in shaping relevant digital policies and practices; (4) embedding online safety education across formal and informal learning settings to build children's digital resilience; and (5) promoting family and community engagement in supporting children's rights and wellbeing in the digital environment. In conclusion, this article underscores that protecting children online must move away from blanket bans and instead adopt a holistic, rights-based framework—one that not only protects children from online harms but also upholds their rights and best interests in the digital world.