Government Moves to Enforce Social Media Ban Before Law Even Exists

Source: Free Speech Union

The Free Speech Union is raising serious concerns about the Department of Internal Affairs beginning to recruit staff to implement and enforce the proposed under-16 social media ban despite the legislation not yet being written, let alone debated.

A newly advertised senior role confirms officials are already building the enforcement architecture for the policy, including “the establishment of the Phase One operational service model for the under-16 social media restrictions.”

Concerns Over Democratic Process

“This is backwards policy-making,” Jillaine Heather says.

“Before Parliament has even seen a bill, the machinery to enforce it is already being built. That should concern anyone who believes in the democratic process and accountable government.”

The Union emphasises that it supports efforts to protect children online, but warns that rushed, pre-determined solutions risk doing more harm than good.

“We can acknowledge that there are real concerns about the impact of social media on young people,” Heather says. “But acknowledging harm does not justify reaching for blunt, unproven tools.”

International Precedent Raises Questions

International experience shows that blanket bans are ineffective and easily circumvented. In Australia, similar restrictions have already been widely bypassed by young users, raising serious questions about whether such policies achieve their stated aims.

“No country in the world has successfully implemented a social media ban for under-16s at scale,” Heather says.

“What we are seeing overseas is workarounds, overreach, and unintended consequences.”

Broader Implications for Digital Rights

The Free Speech Union warns that the real risk lies in the enforcement mechanisms required to make such a ban work.

“Once you start building systems to verify age and control access, you are not just regulating children, you are reshaping the internet for everyone,” Heather says. “Adults’ rights cannot become collateral damage in a policy aimed at children.”

Call for Transparency and Scrutiny

The Union is calling on the Government to slow down, release detailed proposals, and subject any legislation to full scrutiny before implementation begins.

“Because it currently appears the Government isn’t just putting the cart before the horse… it’s already hired a driver, built the road, and started charging tolls before anyone’s agreed where we’re going.”