Australia: eSafety Commissioner issued advice to Minister for Communications on draft Online Safety Rules

On 23 June 2025, the eSafety Commissioner issued advice to the Minister for Communications on enhancing the Social Media Minimum Age Rules under the Online Safety Act to protect Australian children under 16 from online harms linked to social media and similar services. The advice recommended keeping YouTube, clarifying the scope and purpose tests in the explanatory statement to reduce enforcement challenges. It also introduces safety criteria for harmful design features such as infinite scroll and algorithmic recommendations, considering exemptions for lower-risk, age-appropriate services with robust safeguards, and monitoring implementation for ongoing refinement. Emphasising a Safety by Design approach, the advice highlighted the complexity of regulating persuasive and potentially manipulative design features that impact children’s health and autonomy, urging prompt finalisation of the Rules with provisions for continuous evaluation aligned with evolving digital risks.