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17 June 2026
Issue: 8166 / Categories: Legal News , Social Media , Child law , Technology , Privacy , Data protection
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Obstacles ahead for social media ban

Prime Minister Keir Starmer’s Australian-style ban on social media for under-16s will be difficult to enforce, lawyers have warned

The blanket ban, a legacy policy for Keir Starmer’s premiership, would apply to algorithm-led platforms that allow users to post material, such as Snapchat, TikTok, Instagram, Facebook and X. It would not affect messaging services like WhatsApp and Signal, and exemptions would exist for educational, e-commerce and music streaming services.

It would block under-16s from communicating with strangers or livestreaming on certain online services, including gaming sites, although children could still take part in multiplayer games online. The government may also introduce overnight curfews and breaks in infinite scrolling for under-18s, and will set out more details on this in July.

The ban, likely to take effect in spring 2027, will be brought in by secondary legislation under the Children’s Wellbeing and Schools Act 2026. Regulator Ofcom has said it will publish its strategy on enforcement as soon as possible.

However, Julian Hayes, partner at BCL Solicitors, said ‘tech-savvy children circumvent bans or experiment with even more dangerous online forums’.

Alex Brown, partner and head of TMT at Simmons & Simmons, said: ‘The proposed ban, as well as other protections to apply to u18s, will require the social media companies to grapple with the difficult task of age verification.

‘The ICO’s (Information Commissioner’s Office) recent enforcement activity in that area shows that there are difficult practical challenges to be overcome in relation to verifying a user’s age.’

In February, the ICO fined Reddit £14m for failures in age assurance by relying on self-declaration—Reddit is appealing the fine. However, critics including the Open Right Group warn that alternative methods such as face scanning so software can calculate a person’s age, tracking and profiling behaviour, or checking digital identity documents, carry their own privacy and data protection risks.

MOVERS & SHAKERS

Harneys—Maggie Kwok & George Weston

Harneys—Maggie Kwok & George Weston

Harneys senior leadership appointments

Freeths—Keith Browne & Jim Jordan

Freeths—Keith Browne & Jim Jordan

Freeths strengthens London Construction and Engineering practice with two strategic senior hires

Anthony Collins—Laura Moss

Anthony Collins—Laura Moss

Anthony Collins announces strategic hire to deepen skills base in the social business sector

NEWS
More than 100 teams from the legal and financial services sectors competed in five sports at the 51st Law Society RFC Festival of Sport earlier this month
Part-time status need only be an effective cause of less favourable treatment, rather than the sole cause, the Supreme Court has held in Augustine v Data Cars
Britain’s new acknowledgement that Israel’s occupation is unlawful, and accompanying settlement-goods ban and sanctions, is significant but overdue, argue Danny Friedman KC and Victor Kattan in NLJ this week
New planning fee rises, wider trade union access rights and a service-by-email trap feature in Stephen Gold’s latest Civil Way
Existing defamation law can respond to AI ‘hallucinations’, but allocating responsibility will prove harder where outputs reach users without human intervention
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