Free Speech Standards and Social Media Age Restrictions in Australia and the US

On Wednesday, Australia’s “world-first” social media minimum age provisions took effect, requiring designated platforms to take “reasonable steps” to prevent children under 16 from holding accounts. According to the Australian eSafety Commissioner, the platforms currently affected include Facebook, Instagram, Kick, Reddit, Snapchat, Threads, TikTok, X and YouTube. In parallel, the Commissioner has registered industry codes requiring a broader range of online service providers, including search engines, to implement steps, including in some cases appropriate “age assurance” measures to prevent children’s accounts from accessing certain adult and harmful content.

Several US states have passed child e-safety laws. Although generally narrower in scope than Australia’s national scheme, many of those laws failed constitutional scrutiny because they restricted adults’ speech. However, in July 2025, the US Supreme Court upheld a Texas law requiring adult content providers to verify users’ ages, finding that it only incidentally burdened the speech of adults.