Regulate, regulate, regulate!
Over the festive season and around the world, a few new laws came into force that one way or another affect children and their media providers. CMF executive committee member Jackie Edwards takes a look at them and offers a timely reminder.
On the 5th January 2026 new legislation came into force in the UK that further restricted the advertising and promotion of HFSS (high fat, salt and sugar) foods in an effort to combat childhood obesity. A welcome extension to the 2008 regulation that addressed only television advertising and consequently had less impact on its intended purpose but did have other consequences such as further reducing commercial broadcasters spend on children’s TV and devastating a much loved and needed industry.
Time will tell how effective this new measure will be on obesity and what other repercussions there might be.
Similarly, the world is keenly watching the impact of Australia’s ban on social media for under 16’s. Inspired by Jonathan Haidt’s ‘The Anxious Generation’, Peter Malinauskas (Premier of South Australia) led the campaign to tackle the negative impacts of social media on children. Within months a ban became federal law and was enacted on December 10th 2025. It has not been a universally popular intervention, but as Malinauskas says “Of course you think through the potential repercussions of any move like this, but when you are talking about protecting young people, all other considerations become secondary”
While we wait and see how this regulation impacts, we should applaud the speed and bravery of the Australian government for regulation that puts ‘children first’. With court cases pending, tech companies grumbling and President Trump warning against targeting American companies, it is a bold move, but with tech moving so quickly, pressing pause doesn’t seem like the worst thing in the world. The last two decades have seen the consequences of the unregulated social media experiment.
The Australian legislation in brief:
- The Social Media Minimum Age (SMMA) rules dictate that social and tech platforms must take reasonable steps to prevent under 16’s from creating or maintaining accounts.
- Platforms should deactivate current under 16’s accounts
- Platforms must proactively identify and deal with accounts (deactivate or removal), preventing new sign ups and stopping work arounds.
- They must build age-verification systems, using ‘reasonable’ methods such as inferred age, document-based checks or other tech and explain how their verification system works.
- Australian eSafety ensures the regulator has the power to issue notices, enforce, initiate court proceedings and impose civil penalties.
- Not all platforms are included, for example Roblox is not on the proscribed list currently, but it is understood that the list is flexible and subject to ongoing revision.
- Platforms are responsible for the implementation of the new regulatory measures and can be fined Aus$49.5M for non-compliance.
The Australian Government and other organisations have supported and contextualised the introduction of this legislation with information and practical advice for children and their parents. While the broad intent is understood, there has been resistance from children, particularly those in marginalised groups and geographically remote communities. There has also been resistance from some who believe it impedes freedom of expression and is unconstitutional while others believe additional measures should be implemented, for example, UNICEF Australia supports stronger safety expectations from the platforms, more accountability for tech companies and better education to help children and parents to navigate the online world.
For more details, read Children & Media Australia’s publication: Small Screen October/November 2025
It seemed likely that others would follow Australia’s lead, and France has just announced a similar social media ban for under 15’s.
Meanwhile in the UK, government are leaning into Online Harms Bill legislation in the first instance, the hope being that platforms with self-regulate and deal with harmful content. Will further regulation be needed to ensure the wellbeing of children in the UK? And if so, is the Australian model one that should be advocated? Time will indeed tell.
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