A new Members’ Bill introduced today by National MP Catherine Wedd aims to ban children under 16 from accessing social media platforms in New Zealand, mirroring a similar move recently made in Australia.

The Social Media (Age-Restricted Users) Bill (Proposed Bill) would place responsibility on social media agencies to verify users’ ages before granting access to their platforms - a requirement currently not mandated under New Zealand law. Prime Minister Christopher Luxon, alongside National MP Catherine Wedd, announced the bill this morning on X, emphasising that the Proposed Bill aims to protect children from online harm such as bullying, addiction, and exposure to inappropriate content, in response to growing concerns from parents about the negative impact of social media on their children.

Echoes of Australia’s approach

New Zealand’s Proposed Bill closely follows Australia’s recent regulatory move with the Online Safety Amendment (Social Media Minimum Age) Act 2024 (Australian Act), passed on 29 December 2024. Similar to the Australian legislation, the Proposed Bill aims to restrict children under 16 from creating accounts or using certain social media platforms, placing responsibility on platforms to implement robust age-verification systems within a year and take "reasonable steps" to comply. However, Australia’s penalties are notably more severe, with fines of up to AUD $50 million, far exceeding New Zealand’s proposed penalty.

The Australian Act also includes provisions to alleviate privacy concerns, barring platforms from requiring government-issued IDs, such as passports, for age verification, and mandating the prompt destruction of verified data. Exemptions are also provided for messaging apps, online gaming services, services with health or education as their primary purposes, and services deemed to be 'low risk' by the eSafety Commissioner in Australia.  This means that the legislation applies to popular platforms like TikTok, Instagram, Snapchat, Facebook, Reddit and X, but YouTube and educational or health-related messaging apps are not subject to the restrictions, offering a more nuanced regulatory approach.

As New Zealand’s legislative process unfolds, we will likely see several aspects of the Australian framework reflected in the final version of the Proposed Bill.

Reasoning behind the Ban

The explanatory note of the Proposed Bill outlines its primary goal: to reduce the risks young people face from cyberbullying, harmful content, and online exploitation, while also safeguarding their privacy from commercial exploitation and data breaches. In addition, the bill seeks to promote healthier social interactions and encourage more offline activities among young users.

The office of the privacy commissioner has already been examining children’s privacy through its Children and Young People’s Privacy project (see article here), which is assessing whether current protections adequately support children’s privacy rights. The Proposed Bill brings these questions to the fore, inviting renewed discussion on how New Zealand can strengthen its approach to protecting young people online - both through law and through platform accountability.

Criticisms: concerns and controversies

The Australian Act faced significant criticism for being rushed through the legislative process. It was passed within a week of introduction and with only one day for public submissions. This left lawmakers little time to fully assess the law’s complexities, and doubts remain about whether the bill will effectively prevent children under 16 from accessing social media accounts. Major platforms, including Meta and TikTok, have raised concerns over the technical and practical challenges involved in compliance. The legislation also lacks clear details on enforcement mechanisms, prompting experts to warn that it could be little more than symbolic and unenforceable. The effectiveness of the law hinges on its enforcement. Without robust systems in place, critics warn that children could migrate to less regulated platforms or the dark web, exposing them to even greater risks.

As New Zealand moves forward with its Proposed Bill, it has the opportunity to learn from these criticisms and ensure a more thoughtful, consultative process in shaping its own approach.

Moving forward

As both New Zealand and Australia grapple with similar challenges surrounding youth mental health, online bullying, and digital addiction, it is no surprise that New Zealand is following in the footsteps of Australia.  

The Proposed Bill is a Member’s Bill, meaning it operates outside the Government’s official legislative programme and must be selected through a ballot to progress. However, Prime Minister Luxon has expressed keen interest in exploring the option of making it a Government bill to facilitate a faster passage into law. If passed, the legislation will come into force six months after receiving Royal Assent.

We will continue to monitor progress of the Proposed Bill with interest and will report on any updates. 

Get in touch

If you have any questions about the Proposed Bill, please get in touch with one of our experts.

Special thanks to Priya Prakash for her assistance in writing this article.