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Social media age-gating: does it reduce harm? UK Online Safety Act, EU Digital Services Act and Australia’s social media ban

Mbioh, Will (2026) Social media age-gating: does it reduce harm? UK Online Safety Act, EU Digital Services Act and Australia’s social media ban. Information & Communications Technology Law, . pp. 1-13. ISSN 1360-0834. (doi:10.1080/13600834.2026.2721015) (KAR id:116095)

Abstract

This paper evaluates whether social-media age-gating – Australia’s under-16 ban – can reduce harm relative to the UK Online Safety Act and the EU Digital Services Act. Bringing clinical, developmental, and behavioural evidence into a legal analysis, it shows that risk is heavy-tailed and co-produced: a minority with pre-existing vulnerabilities experience severe outcomes amplified by platform affordances (visibility, metrics, ranking, availability). Because ‘time on platform’ is endogenous – simultaneously predictor, mediator, and outcome – simple dose–response claims fail, and exclusion by age mostly postpones first contact while leaving the state–behaviour–design loop intact. The paper argues that age-gating alone is unlikely to change whether severe cases occur; it changes when they appear. It proposes a two-pillar response: (1) investment in adolescent mental-health capacity (school-embedded early intervention, anti-bullying, family support, offline alternatives, algorithmic literacy) and (2) targeted design duties (default night-mode, diversity injections in sensitive niches, audited tail-focused studies), given legal force based on the DSA as the template.

Item Type: Article
DOI/Identification number: 10.1080/13600834.2026.2721015
Uncontrolled keywords: Social media age-gating, Platform regulation, Online Safety Act (OSA), Digital Services Act (DSA), Youth online safety, Recommender systems, Algorithmic transparency, Systemic risk assessment, Adolescent mental health, Heavy-tailed harms
Subjects: H Social Sciences
K Law
Institutional Unit: Schools > Kent Law School
Former Institutional Unit:
There are no former institutional units.
Funders: University of Kent (https://ror.org/00xkeyj56)
Depositing User: Will Mbioh
Date Deposited: 11 Sep 2026 23:47 UTC
Last Modified: 16 Sep 2026 02:57 UTC
Resource URI: https://kar.kent.ac.uk/id/eprint/116095 (The current URI for this page, for reference purposes)

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