X Calls to Delay Australia’s Social Media Ban, Raises ‘Freedom of Expression’ Concerns

X said it was ‘concerned about the potential negative impact that the Social Media Minimum Age will have on the human rights of children and young people.’

In this photo illustration, social media apps are seen on a phone in New York City on March 14, 2024. Michael M. Santiago/Getty Images

Elon Musk’s X Corporation has called for a delay to Australia’s social media ban for children under 16, which is due to come into force on Dec. 10, and raised concerns about the human rights of children.

eSafety released regulatory guidelines on Sept. 10 for implementation, confirming platforms would not have to verify the age of all users.

However, X raised multiple concerns with the Albanese government’s ban in a submission to the Senate Internet Search Engine Services Online Safety Code inquiry.

The tech company argued that the industry had not been provided with enough time since the eSafety commissioner had only released regulatory guidelines on the ban on Sept. 16.

“Companies are required to comply with the Social Media Minimum Age by Dec. 10, 2025, yet the guidelines were only issued by the eSafety Commissioner on Sept. 16, 2025,” X said (pdf).

“This leaves industry with mere weeks to interpret, plan, and deploy compliance measures under the threat of substantial penalties, exacerbating risks of incomplete implementation, higher costs, and potential inconsistencies across platforms.”

X raised concerns about eSafety’s consultation process.

“Given the technical nature of the solutions expected in such guidance, X considered it essential that eSafety’s consultation process included an opportunity for industry to review and provide feedback on an actual draft of the guidelines,” it said.

“Regrettably, no draft was provided for advance consultation, limiting meaningful input from industry on the guidelines.”

In light of these concerns, X asked for at least six months’ delay to the social media ban.

“Additionally, a grace period should be incorporated to allow adequate time for companies to implement what may involve complex engineering changes, thereby promoting effective compliance, reducing unintended harms, and supporting innovation in online safety,” X said.

‘Extensive Consultation with Industry’: eSafety

eSafety Commissioner Julie Inman Grant said she consulted with industry extensively on the guidelines.

She pointed out that eSafety’s guidance acknowledges that there is no one-size-fits-all solution for industry.

“We have encouraged platforms to take a layered approach across the user journey, implementing a combination of systems, technologies, people, processes, policies, and communications to support compliance,” she said.

In its submission to the Senate Inquiry, the eSafety Commission also highlighted (pdf), “Regimes where there are co-regulatory measures, such as industry codes and standards, where we work with industry.”

Children’s Rights to Freedom of Expression Raised

X Corporation also argued they were “especially concerned” about the potential negative impact of the ban on the “human rights of children and young people.”

“Including their rights to freedom of expression and access to information, principles which are enshrined in international treaties including the U.N. Convention on the Rights of the Child and the International Covenant on Civil and Political Rights, and which must be protected,” X said.

X said the Online Safety Amendment (Social Media Minimum Age) Act 2024 did not “fully clarify” how platforms must comply with its new obligations.

“It provides no specific instruction on what constitutes reasonable steps, instead delegating responsibility to the eSafety Commissioner to issue written guidelines to guide industry on how to fulfil that obligation,” it said.

“We would also submit that the Social Media Minimum Age is setting up a punitive regime. This singular focus on social media platforms promotes an adversarial approach and fails to incentivise parents and caregivers to take responsibility for the online activities of the young people in their care.”

Albanese Promoting Social Media Ban Globally

Meanwhile, Prime Minister Anthony Albanese has promoted the social media ban at both the U.N. General Assembly in New York and the UK Labour Party Conference.

“Helping to promote what we’ve done in the past week, which is to support the social media ban, of course, we had an important event there,” Albanese said on ABC Insiders on Sept. 28.

At an event “protecting children in the digital age” at U.N. headquarters, Albanese argued there was a “clear link” between the rise of social media and the harm to the mental health of young people globally.

“What we are doing isn’t easy. But the burden that social media can place on our young people is often far harder. On the 10th of December, we will begin to lighten their load,” Albanese said.

The Coalition supported the social media ban but has recently raised concerns about the potential risks for digital ID to be involved.