Dec 08

As Australia introduces its under-16 social media ban this week, leading clinical and legal experts warn that schools remain on the frontline – managing both the psychological fallout of online bullying and the legal risks when they fail to intervene.

In Far North Queensland where bullying rates are the highest in the state, the pressure on schools to act early and decisively is even greater heading into 2026.[1]

Personal injury lawyer Beth Rolton, Partner at Travis Schultz & Partners, said the ban strengthens the expectations on schools to address online harm, particularly as cyberbullying complaints jumped more than 40 per cent nationally in just one year.[2]

“From a legal perspective, the under-16 social media ban gives schools far clearer ground to act on concerns about online behaviour,” Ms Rolton said.

“While it won’t eliminate cyberbullying, the reforms give schools a much stronger platform to intervene early and give teachers clearer authority to ask families to remove under-age accounts where risks emerge.

“Schools will need to build the new age restriction into their policies and online safety programs prior to the start of the 2026 school year to ensure teachers, students and families are all aligned on the rules and how they will be enforced.”

Ms Rolton said schools ignoring signs of online harassment or dismissing them as ‘outside school jurisdiction’ is legally risky.

“A school’s duty of care doesn’t end when the final bell rings,” Ms Rolton said. 

“If a school is aware that bullying or harassment is occurring between students, there is a duty to act – even if the behaviour happens online and outside the school gates. It covers playgrounds, bus stops, pick-up zones, before- and after-school periods – and online spaces when staff are aware that harm is occurring. Known risk means known duty, no matter the medium and no matter the hour.”

Ms Rolton said schools may face consequences if they fail to report or escalate known instances of online bullying involving students.

“Schools can’t be expected to monitor every platform used by under-16s, but they are required to act when concerns are raised – and to report and escalate online abuse when it comes to their attention,” Ms Rolton said.

“Ultimately, though, the legal liability sits with the school. That’s why schools must have clear processes for managing under-age social media use and responding to digital harassment with the same urgency as physical bullying. Online abuse is not a softer form of harm, its impacts can be just as serious and, in some cases, more enduring.”

Dr Alice Chang, a leading child and adolescent psychiatrist at Edge Hill Clinic in Far North Queensland, says the ban highlights the urgent need to support schools, who are already on the frontline of managing the psychological fallout of online bullying.

“The under-16 social media ban is a positive step, but it won’t work on its own,” Dr Chang said. 

“Removing the trigger can improve a child’s wellbeing – it’s the digital equivalent of taking the bullies out of the playground – but schools already carry the weight of so many policies and difficult conversations that families struggle to have. The government has a responsibility to ensure schools are ready for this next step.”

Dr Chang said children are simply not developmentally equipped for the intensity of online environments, which is why earlier limits can reduce harm.

“Children under 16 lack the cognitive and emotional maturity to interpret online interactions safely. We’re seeing anxiety, social withdrawal, sleep disruption, school avoidance and, in severe cases, self-harm. Younger children can present with physical symptoms of anxiety – stomach aches, headaches or noticeable drops in concentration – while older teens may experience persistent low mood, intrusive thoughts and, in some cases, suicidal ideation.”

Dr Chang said online harm is often more damaging than face-to-face bullying because it is constant and amplified by technology.

“Online bullying doesn’t switch off. As long as a child has access to a device, it follows them home, into weekends and even internationally on family holidays,” Dr Chang said. 

“Bullies behind screens don’t have to witness their victim’s reaction, which removes the natural empathy barrier and often leading to far more cruel behaviour – and children can experience distress or even secondary trauma simply by watching these events unfold online.”

Dr Chang said parents and teachers should act early if a child shows sudden mood changes, appears anxious about their devices, or simply ‘isn’t themselves’.

“Early intervention is critical. Bullying can create long-term mental-health consequences for both victims and perpetrators,” Dr Chang said.

“Some may initially struggle with reduced screen time or seek workarounds, but the short-term adjustment is far outweighed by the long-term benefit of keeping children out of environments they’re not ready to navigate.”

The clinical harms Dr Chang sees on the frontline are increasingly translating into legal claims when schools fail to intervene. Ms Rolton said the firm is acting in a growing number of cases where digital harassment has caused psychological injury, disrupting a student’s education and limiting their future opportunities.

“We have assisted families where children have stopped attending school entirely, where relocation was the only option to escape ongoing harassment, and where a student’s academic trajectory has collapsed,” Ms Rolton said.

“When those injuries are long-term, and when a school knew the bullying was happening but didn’t intervene, that can amount to a breach of duty of care. In those circumstances, families may have grounds for a personal-injury claim against the school.

“The social media ban will no doubt be welcomed by schools, teachers and parents who deal with the consequences of online harm on a daily basis.”


[1] Queensland Audit Office, Protecting students from bullying (Report 6: 2024–25), December 2024, Appendix D (Far North region). Available at: https://www.qao.qld.gov.au/sites/default/files/2024-12/Protecting%20students%20from%20bullying%20(Report%206%20–%202024–25).pdf

[2] eSafety Commissioner. 40% jump in child-bullying reports to eSafety (Media Release, 14 December 2023) https://www.esafety.gov.au/newsroom/media-releases/40-jump-in-child-bullying-reports-to-esafety

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