Legal Update: UK government launches consultation asking for views on under 16s social media ban

The Department for Science, Innovation and Technology has launched a public consultation on children’s digital wellbeing, looking at social media age bans, curfews, AI chatbots and gaming.

Background

In December 2025, Australia became the first country in the world to introduce a social media ban for under-16s. Children were banned from a range of platforms including Instagram, Snapchat, YouTube and TikTok with some other countries suggesting they seek to follow suit.

In the UK, the Online Safety Act 2023 (the “OSA”) has introduced a range of protections for children online but the Government has so far stopped short of supporting a ban on under-16s using social media. Conservative leader Kemi Badenoch has previously said her party would introduce an under-16s social media ban if it was in power and, in January 2026, the House of Lords voted in favour of requiring social media companies to use “highly effective” age assurance to stop under-16s from using their platforms.  

Many campaigners and others have expressed support for such a ban, including Smartphone Free Childhood who are running the ‘Raise the Age’ campaign. However, others have raised concerns. For example, a number of children’s and online safety organisations and campaigners issued a joint statement stating that a social media ban for under-16s would be the “wrong solution” and would have “an array of unintended consequences” such as children migrating to other higher-risk platforms. This joint statement instead proposed other actions, such as strengthening protections under the OSA.

The consultation

This consultation seeks to build on the protections under the OSA and examine the broader impact of technology on children’s everyday lives. The government says that social media use among children has become “almost universal”, noting the proportion of children with social media profiles has increased significantly in the last 5 years.

Most notably, the consultation asks for views on setting a minimum age for children to access social media and asks what age would be right if this was introduced. It also asks for input on a number of other less interventionist measures, including considering:

• whether design features that encourage excessive use should be restricted, such as infinite scrolling and autoplay features;
• whether the digital age of consent should be raised;
• how age verification can support effective implementation;
• whether the guidance on the use of mobile phones in schools should be put on a statutory footing; and
• how parents could be better supported, including clearer guidance and simpler parental controls.

This is an important opportunity for charities, campaigners, parents and carers and children and young people to shape Government policy.

What next?

Those interested in submitting evidence have until 26 May 2026 to do so. The government has committed to responding to the consultation in summer 2026 and, earlier this year, the Prime Minister announced new legal powers to allow the government to act quickly following the consultation response, without the need to wait for primary legislation.

Separately, Ofcom has also issued a call for evidence on content harmful to children which closes on 10 March 2026. 

If you would like to discuss responding to the consultation or would otherwise like advice on current child protection measures under the OSA, please contact Natasha Davies. Further information about how we can help organisations with the OSA is available here.

The material in this article is provided for guidance and general information only and is not intended to constitute legal or other professional advice upon which you should rely. In particular, the information should not be used as a substitute for a full and proper consultation with a suitably qualified professional. Please do contact the Bates Wells team if you require further information.