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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

Thomson Hayton Winkley—Jordan Wallace

Thomson Hayton Winkley—Jordan Wallace

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Ward Hadaway—Barnaby Rosenthall

Ward Hadaway—Barnaby Rosenthall

Construction lawyer returns to Ward Hadaway in Teesside role

Bird & Bird—Shahin Baghaei

Bird & Bird—Shahin Baghaei

Bird Bird hires leading legal transformation expert

NEWS
Legal aid deserts leave almost one in four without adequate access to justice
The Solicitors Regulation Authority (SRA) has warned solicitors and law firms that using artificial intelligence does not alter their professional obligations, amid concerns over inaccurate legal material and client confidentiality
From forgotten interest claims to case-management appeals, a string of procedural developments offers useful—and occasionally cautionary—lessons for practitioners

Jonathan Fisher KC highlights that it now accounts for around 40% of criminal offences, with roughly 70% involving technology, and argues that the UK cannot simply prosecute its way out of the problem. Detection, investigation and prosecution all require improvement, while different fraud types demand tailored responses.

How forcefully can a litigant criticise a public authority before robust advocacy crosses the line into unreasonable conduct? 
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