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Canada Proposes Social Media Ban for Users Under 16 With Exemption for Compliant Firms

The Safe Social Media Act would create a Digital Safety Commission with fines up to $10 million, but allows platforms that demonstrate harm-minimization policies to avoid the ban.

⚡ The Bottom Line

Canada's proposed Safe Social Media Act represents one of the most comprehensive approaches to regulating technology platforms' interactions with minors among Western democracies. Its passage would position Canada alongside Australia and the UK as countries that have enacted or are enacting age-based restrictions on social media access. The legislation is scheduled for discussion at next week's...

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Canada has introduced proposed legislation that would ban social media access for children and teenagers under the age of 16, following similar measures enacted in Australia, France, Greece and the United Kingdom. The Safe Social Media Act, officially titled Bill C-34, was presented in the House of Commons on Wednesday by Culture Minister Marc Miller.

The proposed law differs from Australia's landmark ban passed late last year in one significant way: tech companies could avoid the prohibition if they demonstrate they have policies designed to minimize harm to minors. The legislation also includes sweeping measures to regulate AI chatbots and restrict "harmful content" online, creating a new independent regulator called the Digital Safety Commission of Canada.

What the Left Is Saying

Child safety advocates have largely praised Canada's approach, arguing that the exemption clause provides an incentive for technology companies to develop robust protective policies. Sara Austin, founder of Children First Canada, which has long lobbied for online harms legislation, said the compromise could benefit not only children but all Canadians using these platforms.

"This will not only benefit children, but will also benefit all Canadians," Austin said in comments reported by BBC News.

The timing of the proposal coincides with growing pressure on governments to act following several high-profile incidents. In February, an 18-year-old suspect in a deadly mass school shooting in British Columbia was revealed to have used ChatGPT to discuss gun violence months before the attack that killed eight people, including six young children. OpenAI CEO Sam Altman later issued a written apology to the victims' families after the company faced criticism for failing to report the suspect's account to police.

Culture Minister Miller defended the legislation by stating that "kids are dying" and pledged that the government would take all reasonable measures to ensure children's safety. The proposed law lists seven categories of harmful content, including material that bullies a child, foments hatred or incites violence.

What the Right Is Saying

Free speech advocacy groups have raised concerns that the legislation could expand censorship beyond what is necessary to protect children. These organizations argue that issues of online harm should be addressed within existing provisions under Canada's Criminal Code rather than creating new regulatory frameworks with broad powers.

Some critics contend that the proposed law's definition of harmful content remains too vague, potentially capturing legitimate speech. The BBC contacted the Canadian justice and culture ministries seeking clarification on how authorities would apply the criteria outlined in Bill C-34 but did not receive an immediate response.

The exemption clause for companies demonstrating harm-minimization policies has drawn skepticism from some quarters who question whether self-regulation by technology firms adequately protects young users. Others note that Australia's experience with its similar ban may offer lessons about enforcement challenges.

What the Numbers Show

Canada's proposed legislation includes substantial penalties for non-compliance. The maximum fine is set at the greater of 10 million Canadian dollars (approximately $7.3 million US) or 3% of a company's gross global revenue, whichever is higher.

Australia became the first country to implement such a ban six months ago, prohibiting those under 16 from creating new accounts on platforms including Instagram, Facebook and TikTok while also deactivating existing accounts for that age group. Social media companies there face fines of up to A$49.5 million (approximately $32 million US) for serious or repeat violations.

However, enforcement data from Australia reveals significant challenges. In a recent government survey of parents, approximately 70% reported their children were still using social media despite the ban. Many stated their children were not asked by platforms to verify their age after the law took effect. The Australian government has initiated five investigations into alleged non-compliance, including cases involving Facebook, Instagram, Snapchat and TikTok.

The UK is expected to announce a similar ban for users under 16 next week, while Greece's prohibition for children under 15 is scheduled to take effect in January.

The Bottom Line

Canada's proposed Safe Social Media Act represents one of the most comprehensive approaches to regulating technology platforms' interactions with minors among Western democracies. Its passage would position Canada alongside Australia and the UK as countries that have enacted or are enacting age-based restrictions on social media access.

The legislation is scheduled for discussion at next week's G7 summit in France, where world leaders are expected to address AI governance and child protection online. Minister Miller has indicated that addressing online harms is a priority because "kids are dying," framing the issue as urgent.

Whether Canada's compromise approach—an age-based ban with an exemption for compliant companies—proves more effective than Australia's blanket prohibition remains to be seen. The outcome will likely influence how other nations structure similar regulations. Technology companies subject to these laws must now decide whether to invest in age-verification systems and harm-minimization policies or risk substantial financial penalties.

Sources