Canadas New Online Harms Bill Sets 16-Year-Old Social Media Ban with Future Exemptions
Under the bill, no social‑media service will be available to users younger than 16 until a company can demonstrate that it meets a set of safeguards that the government will define. The safeguards will be outlined by the Privy Council, and a new Digital Safety Commission, expected to be operational 18 months after the law takes effect, will decide which platforms qualify for an exemption.
The ban is intended to act as both a “carrot and stick” for companies. The government says it will encourage platforms to redesign their services so that they are safer for younger users. The bill’s language requires platforms to incorporate “age‑appropriate designs,” such as content warning labels, safe‑search settings, and limits on addictive features like endless scrolling.
Experts note that the Canadian approach is less hard‑line than Australia’s 2024 law, which prohibits any account for users under 16 and offers no exemption. Christopher Dietzel, a post‑doctoral fellow at Western University, said the Canadian bill “acknowledges that while these services currently facilitate harm, if the services demonstrate that they have reached the threshold where they are safe by design, then there would be exemptions.”
The bill also imposes a duty to protect children. Platforms must use age‑verification or estimation methods that rely only on personal data for that purpose, destroy the data once verification is complete, and ensure the methods are effective. The bill states that the commission will use the Privy Council’s regulations to assess whether a company meets the threshold.
Enforcement of the age restriction will rest with the platforms themselves, not with app‑store providers. Meta’s head of global safety, Antigone Davis, argued that age verification should be handled by Apple and Google, which already collect age data when parents set up a teen’s phone. A Meta spokesperson said the company is “studying the bill” and prefers app‑store‑led age restrictions.
TikTok and Instagram have already rolled out child‑focused features. Instagram’s youth accounts block messages from unknown users and limit exposure to violent or cosmetic‑procedure content. TikTok’s teen accounts restrict who can follow users, limit live content, and set a 60‑minute daily screen‑time limit with night‑time push‑notification disabling.
A TikTok spokesperson told Global News that the company shares the government’s goal of safe online experiences for teens and is willing to collaborate on further improvements.
Apple has introduced child‑account features that limit access to adult websites and set age‑based App Store restrictions. The company said the changes were partly in response to Australia’s ban.
The bill’s timeline creates uncertainty about how the ban will be enforced in the interim. The government said that, until the commission is established, there will be a period where no designated social‑media service can be used by children under 16. The bill also allows for “back and forth” as the legislation goes through committee reviews and hearings.
The bill’s requirement that age‑verification data be destroyed after verification raises questions about how platforms will prove compliance. Heidi Tworek, a professor at the University of British Columbia who sat on the bill’s expert advisory group, said the bill “requires that any age verification or estimation measures employed by companies must only use personal data for those purposes, that data must be destroyed as soon as users’ ages are verified, and are first and foremost ‘effective.’”
The Digital Safety Commission will be responsible for setting the safeguards and reviewing exemption applications. The commission will be staffed by experts and will operate under the Privy Council’s regulations.
The bill also creates a duty for platforms to incorporate age‑appropriate design features, but it does not specify the exact technical requirements. The government says it will rely on “smart experts” to define the expectations.
The online harms bill is part of a broader effort to address digital harms. It follows the passage of the Online News Act and the Protecting Young Persons from Exposure to Pornography Act, and it is expected to be complemented by future legislation on AI chatbots.
The bill’s passage marks a significant step in Canada’s attempt to regulate digital platforms. The government plans to launch the Digital Safety Commission 18 months after the law takes effect, and the first exemption decisions are expected to follow shortly thereafter. Until then, children under 16 will be unable to use any social‑media service in Canada.
The bill remains subject to parliamentary review, and the government has indicated that it will continue to engage with platform operators and civil‑society groups to refine the safeguards and enforcement mechanisms.
The Canadian government’s approach to social‑media regulation is a notable development in the global debate over child protection online. The bill’s combination of a blanket ban with a future exemption pathway reflects a compromise between strict regulation and flexibility for platforms that can demonstrate safe‑by‑design solutions.