---
title: "Decide whether a service must keep under-16s from holding an account"
url: "https://ailawframework.com/practice/technology-media-and-telecommunications-it-contracts/decide-whether-a-service-must-keep-under-16s-from-holding-an-account"
type: "task"
site: "AI Law Framework"
id: "A24-SF20261022-7"
practice_area: "Technology, Media & Telecommunications / IT Contracts"
tier: "yellow"
lawyer_review: "required"
last_reviewed: "2026-10-22"
---

# Decide whether a service must keep under-16s from holding an account

> From the product note, record whether the service lets users interact, post material, and use a recommender or a logged-in feature, and whether material is available to end users in Australia.…

Canonical page: https://ailawframework.com/practice/technology-media-and-telecommunications-it-contracts/decide-whether-a-service-must-keep-under-16s-from-holding-an-account  
Last reviewed: 2026-10-22

Site index for agents: https://ailawframework.com/llms.txt

## Key facts

| Fact | Value |
| --- | --- |
| Practice area | [Technology, Media & Telecommunications / IT Contracts](https://ailawframework.com/practice/technology-media-and-telecommunications-it-contracts.md) |
| Human involvement | Yellow: Lawyer and AI draft together |
| How AI is used | From the product note, record whether the service lets users interact, post material, and use a recommender or a logged-in feature, and whether material is available to end users in Australia. Leave the classification blank. The tool does not decide that the service is age-restricted. |
| What the lawyer must review | The lawyer classifies the service. From 10 December 2025 an age-restricted social media platform must take reasonable steps to prevent Australians under 16 from creating or keeping an account. The page states the criteria as the sole purpose, or a significant purpose, of enabling online social interaction between two or more end users, the ability to link to or interact with some or all of the other end users, the ability to post material, a recommender feature or a logged-in feature as defined in the Rules, and material accessible to or delivered to end users in Australia. The Rules were made in July 2025 and amended in March 2026. eSafety names some platforms as its view, and says the list may change. That view is not the classification of this service. Online gaming and standalone messaging apps are among the exclusions. Messaging with social features beyond messaging may still be included. There are no penalties for under-16s or for parents or carers. A court may order a provider that has not taken reasonable steps to pay a civil penalty. The page states up to 300,000 penalty units for a corporation, which it says is currently equivalent to $109.2 million. The same page's timeline says that on 10 September 2026 Parliament passed a Bill that increases the maximum civil penalties for these obligations, and that entry does not state the new amount. The regulatory guidance on what counts as reasonable steps was not opened. The Minister must initiate an independent review within two years of 10 December 2025. |
| Written for / versions | 1 jurisdiction versions below |

## Checking plan

**Lawyer review required**

The responsible lawyer reviews the work against the instructions, sources and intended use.

- What the AI does: From the product note, record whether the service lets users interact, post material, and use a recommender or a logged-in feature, and whether material is available to end users in Australia. Leave the classification blank. The tool does not decide that the service is age-restricted.
- What the lawyer does: The lawyer classifies the service. From 10 December 2025 an age-restricted social media platform must take reasonable steps to prevent Australians under 16 from creating or keeping an account. The page states the criteria as a significant purpose of online social interaction between two or more end users, the ability to link or interact, the ability to post material, a recommender feature or a logged-in feature as defined in the Rules, and material accessible to or delivered to end users in Australia. The Rules were made in July 2025 and amended in March 2026. eSafety names some platforms as its view, and says the list may change. That view is not the classification of this service. Online gaming and standalone messaging apps are among the exclusions. Messaging with social features beyond messaging may still be included. There are no penalties for under-16s or for parents or carers. A court may order a provider that has not taken reasonable steps to pay a civil penalty. The page states up to 300,000 penalty units for a corporation, which it says is currently equivalent to $109.2 million. The regulatory guidance on what counts as reasonable steps was not opened. The Minister must initiate an independent review within two years of 10 December 2025.
- Who reviews: Responsible lawyer with competence in the matter
- Basis: Practical workflow informed by the linked primary sources; the traffic light and working checks are editorial guidance, not a court classification.
- Why: The level reflects what the work is, the consequence of an error, and how much of the output the lawyer must independently re-derive.

## Checks the lawyer makes

1. Apply the criteria on the page. Do not classify the service because a brand appears on eSafety's list of examples.
2. Record the July 2025 Rules and the March 2026 amendment before treating an exclusion as closed.
3. Do not say a method is a reasonable step until the regulatory guidance has been read.
4. Do not tell the client that a child or a parent incurs a penalty. The page says they do not.

## Notes

- These are suggested working checks. Confirm the required checking with the responsible lawyer before work starts; the checking approach does not establish permission to use AI.

## Sources

- [eSafety: Social media age restrictions](https://www.esafety.gov.au/about-us/industry-regulation/social-media-age-restrictions) (checked 2026-10-22)

## Jurisdiction versions

| Jurisdiction | Level |
| --- | --- |
| [United States](https://ailawframework.com/practice/technology-media-and-telecommunications-it-contracts/decide-whether-a-service-must-keep-under-16s-from-holding-an-account/united-states.md) | Yellow |

*Practice guidance for planning and review. Confirm current primary sources and the requirements of the actual matter. This is general information, not legal advice.*