What was claimed
The government has announced its under-16 social media ban has been delayed.
Our verdict
False. The ban has not been delayed.
AAP FACTCHECK - A ban on children under 16 having social media accounts is set to take effect on December 10, despite claims online of a six-month delay.
The claim misrepresents a recent Senate inquiry report reviewing the legislation.
On Facebook, users are sharing the false claim that the government announced it is pushing back the ban till next year.
A November 30 post includes a screenshot of a website with the heading: "Australia Delays Under-16 Social Media Ban Until Mid-2026."
"Australia has decided to delay the implementation of its under-16 social media ban until mid-2026, according to a new report," the text states.
"Originally set to take effect on December 10, 2025, the government is now pushing back enforcement to allow more time for regulatory planning and compliance by tech companies."
The caption of the post says: "TOLD YOU IT WON’T WORK!!!"
The screenshot is from a website called Somos Hermanos.
Under legislation passed in 2024, social media platforms must prevent users under 16 from holding accounts from December 10.
The law applies to platforms including Facebook, Instagram, Kick, Reddit, Snapchat, Threads, TikTok, Twitch, X and YouTube.
Tech companies face fines of up to $49.5 million if they fail to take reasonable steps to block underage users starting December 10
A Senate inquiry reviewing the legislation published its report on November 26, 2025.
It recommended that the restrictions be delayed until June 10, 2026, to address implementation and compliance concerns and roll out an education campaign.
Other recommendations included legislating a digital duty of care, banning data harvesting and delivering an information program in schools.
The Senate inquiry is not government-controlled; it is chaired by Greens senator Sarah Hanson-Young and its other members include three opposition senators, one independent, another Greens senator and only two Labor senators.
In a dissenting report, Labor committee members, Senators Varun Ghosh and Charlotte Walker, wrote that they "do not believe it is suitable to further delay" the ban.
"Social media platforms have been consulted extensively and have had more than 12 months to prepare," the government senators wrote.
The Labor senators either agreed with or noted the report's other recommendations.
Communications Minister Anika Wells' office also told AAP FactCheck the claim is "completely inaccurate."
Separately, the ban is subject to a high court challenge brought by two 15-year-olds and backed by the Digital Freedom Project, a group led by NSW upper house MP John Ruddick.
The case will argue that the law is unconstitutional because it restricts young Australians' constitutionally implied right to political communication.
The plaintiffs are seeking a high court injunction to prevent the government from enforcing the law until the court has an opportunity to hear the case and make a ruling.
Luke Beck, a constitutional law expert at Monash University, wrote in an analysis in The Conversation that such injunctions are rare.
Unless the court grants one, he wrote, the law will take effect on December 10 even if the constitutional challenge later succeeds.
AAP FactCheck is an accredited member of the International Fact-Checking Network. To keep up with our latest fact checks, follow us on Facebook, Instagram, Threads, X, BlueSky, TikTok and YouTube.
