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)
|
PDF
Publisher pdf
Language: English
This work is licensed under a Creative Commons Attribution-NonCommercial-NoDerivatives 4.0 International License.
|
|
|
Download this file (PDF/639kB) |
Preview |
| Request a format suitable for use with assistive technology e.g. a screenreader | |
| Official URL: https://doi.org/10.1080/13600834.2026.2721015 |
|
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) |
- Link to SensusAccess
- Export to:
- RefWorks
- EPrints3 XML
- BibTeX
- CSV
- Depositors only (login required):

https://orcid.org/0000-0003-3017-6173
Altmetric
Altmetric