The Free Speech Union is raising serious concerns about the Department of Internal Affairs beginning to recruit staff to implement and enforce the proposed under-16 social media ban despite the legislation not yet being written, let alone debated.

A newly advertised senior role confirms officials are already building the enforcement architecture for the policy, including “the establishment of the Phase One operational service model for the under-16 social media restrictions.”

“This is backwards policy-making,” Free Speech Union CEO Jillaine Heather says.

“Before Parliament has even seen a bill, the machinery to enforce it is already being built. That should concern anyone who believes in the democratic process and accountable government.”

The Union emphasises that it supports efforts to protect children online, but warns that rushed, pre-determined solutions risk doing more harm than good.

“We can acknowledge that there are real concerns about the impact of social media on young people,” Heather says. “But acknowledging harm does not justify reaching for blunt, unproven tools.”

International experience shows that blanket bans are ineffective and easily circumvented. In Australia, similar restrictions have already been widely bypassed by young users, raising serious questions about whether such policies achieve their stated aims.

“No country in the world has successfully implemented a social media ban for under-16s at scale,” Heather says.

“What we are seeing overseas is workarounds, overreach, and unintended consequences.”

The Free Speech Union warns that the real risk lies in the enforcement mechanisms required to make such a ban work.

“Once you start building systems to verify age and control access, you are not just regulating children, you are reshaping the internet for everyone,” Heather says. “Adults’ rights cannot become collateral damage in a policy aimed at children.”

The Union is calling on the Government to slow down, release detailed proposals, and subject any legislation to full scrutiny before implementation begins.

“Because it currently appears the Government isn’t just putting the cart before the horse… it’s already hired a driver, built the road, and started charging tolls before anyone’s agreed where we’re going.”

Notes:

The job description stated:

The Department of Internal Affairs (DIA) is leading the establishment of new Government restrictions on access to social media for those under 16 years old. This is a high-profile, time-critical programme that will shape how Aotearoa New Zealand protects children and young people online.

We are seeking an experienced Programme Implementation Director to lead the design and early delivery of the Phase One operational model for this new regulatory regime.

The job description was posted on 20/4 and removed on the morning of 22/4. The Free Speech Union saved a copy, which is available on our website.

The Free Speech Union has previously set our red lines for restrictions like this, arguing that there must be explicit protections for adult speech.

The Free Speech Union has also previously raised concerns that badly drafted legislation could cause further harm to both children and adults.

About the Free Speech Union

The Free Speech Union defends the right of New Zealanders — left, right and centre — to speak, debate, and disagree freely. A registered trade union and membership-based organisation, we take cases, run campaigns, and educate on the importance of free expression in a functioning democracy.

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