Meta has started locking the accounts of under-16s on Instagram and Facebook ahead of Australia's world-first social media ban, but uncertainty remains over whether young temporary visa holders — including international students — will also be swept up in the restrictions.
The tech giant has confirmed to SBS News Australian under-16s users travelling overseas for a short-term holiday will still be restricted from using Facebook and Instagram.
"We will still recognise them as a resident of Australia, and they will still be subject to Australian law," a spokesperson for the company said.
The ban starts on 10 December, yet Meta has already notified users aged 13 to 15 that their accounts will be shut down. About 150,000 Facebook users and 350,000 Instagram accounts are expected to be affected. Under-16s are now blocked from creating new accounts on either platform.
A spokesperson for the eSafety commissioner told SBS News the rules apply to young people under 16 who are "ordinarily resident" in Australia.
But what does "ordinarily resident" mean in practice — and could it include young people on temporary visas, such as international students?
Does the ban apply to under-16 international students?
A spokesperson for Meta told SBS News it's unlikely teens who enter Australia for a short holiday will have their accounts restricted.
"However, if they stay in Australia for an extended period, such as long study periods, then our age assurance measures will take effect," they said.
According to the latest figures from the Department of Education, 19,768 international students were enrolled in Australian schools and 331,402 in VET programs as of September this year.
It isn't clear how many of those students are under 16.
A spokesperson for the eSafety commissioner said temporary visa holders, including international students, should be aware their accounts "may be flagged".
This could include "age checks, deactivation or removal if platforms receive signals indicating they are in Australia for a significant period of time or indefinitely".
SBS News has sought clarification from the eSafety commissioner on what counts as a "significant period of time".
According to the Australian Citizenship Act (2007) a person is not "ordinarily resident" in Australia if they reside in the country for a "special or temporary purpose only", but considered resident if they are home or have a permanent abode in the country.
Not just location data
It's understood platforms won't rely solely on location data to determine whether a young person is living in Australia.
An eSafety spokesperson said the industry will use "various signals" to identify a person's country of residence.
A spokesperson for the eSafety commissioner told SBS News they understand Meta will use "various signals" to detect users' locations. Source: AAP / Nicholas T. Ansell
It's not clear what those signals might be, but the spokesperson said platforms are expected to take reasonable steps to address potential errors, such as mistakenly including a young person.
"Platforms should also provide clear ways for people to request a review if they have been age-restricted by mistake," they said.
Nearly 'every teen affected'
Roy Morgan research released this week shows 624,000 Australians aged 14 and 15 use at least one social media platform.
Snapchat was next at 87 per cent, followed by Facebook and then Instagram at 81 per cent and 78 per cent respectively.
Roy Morgan CEO Michele Levine said the number shows how "deeply social media is embedded in the daily lives of Australian teenagers".
"The new legislation to ban social media for Australians under 16, set to be enforced from next week, will affect almost every 14 to 15-year-old in the country."
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