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NZ Online Safety Bill

Online Safety (Minimum Age and Child Safety Risk Assessment) Bill

Would bar under-16s from holding accounts on age-restricted platforms, require age assurance beyond self-declared dates of birth, and require operators to conduct and report on child safety risk assessments for users under 18. Expressly brings AI companion platforms within scope.

Jurisdiction

New Zealand

Enacted

Pending

Effective

TBD

Enforcement

Secretary of Internal Affairs, acting as the online safety regulator (Department of Internal Affairs)

Government Bill 339, introduced August 24, 2026. No first reading has been held. The Leader of the House stated there is not enough parliamentary time before the House rises, and the responsible ministers have said a first reading debate is not expected before the general election. Parliament adjourns September 24, 2026 and dissolves October 1, 2026, with the general election on November 7, 2026; bills not passed by dissolution lapse and would need to be revived or reintroduced in the next Parliament. Status recorded conservatively as proposed rather than pending because the outcome turns on the election result despite the opposition having indicated support.

New Zealand Legislation (Government Bill 339, 2026)

Why It Matters

One of the few proposals anywhere to write AI companion services into the operative scope of a general online safety statute, rather than regulating them through a separate companion-chatbot instrument. The definition turns on whether artificial intelligence is used solely or primarily to simulate a personal connection, which is a scope test distinct from the product-category definitions used in US state companion-chatbot laws. Not law, and unlikely to become law in the current Parliament.

Recent Developments

Introduced August 24, 2026 as part of a Government announcement on banning under-16s from social media, which stated the bill would bring emerging technologies including AI companion platforms within the regulatory framework and establish an online safety regulator within the Department of Internal Affairs. The Labour opposition indicated it would supply votes for a first reading, but the Leader of the House confirmed the bill would not be voted on before Parliament rises. A separate member's bill, the Social Media (Age-Restricted Users) Bill (216-1, 2025), covered similar ground earlier and is not the same instrument.

At a Glance

Applies to

AI CompanionCharacter ChatbotSocial PlatformOnline Platform

Who Must Comply

  • Operators of age-restricted platforms accessible by a person in New Zealand that display or otherwise make available digital content
  • Operators of internet services that use artificial intelligence solely or primarily to simulate a social, emotional, or other personal connection with a user

Applicability thresholds:

Under 16 years old — Persons under 16 may not hold accounts on age-restricted platforms; operators must take reasonable steps to prevent this
Under 18 years old — Child safety risk assessments must cover all users under 18

Safety Provisions

  • Operators of age-restricted platforms must take reasonable steps to prevent people under 16 from holding accounts, with no penalties on children, parents, or caregivers
  • Age assurance may not rely solely on manually entered dates of birth, formal identification documents, or a digital identity service on its own; permitted approaches include facial age estimation, age inference from account information and user behaviour, and combinations of methods
  • Operators must carry out child safety risk assessments covering all users under 18 and report on how risks are identified and reduced
  • Restrictions targeting design features associated with compulsive use, including recommender systems, endless feeds, feedback features, and time-limited features
  • An online safety regulator sitting with the Secretary of Internal Affairs, with warnings, corrective notices, enforceable undertakings, injunctions, and civil pecuniary penalties
  • Internet services that use artificial intelligence solely or primarily to simulate a social, emotional, or other personal connection with a user fall within the definition of an age-restricted platform

Exemptions

Excluded service categories

Services that solely or primarily provide certain functions are outside the age-restricted platform definition.

  • • Person-to-person messaging, email, or voice/video calling
  • • Video gaming
  • • Music or podcast streaming
  • • Product reviews and technical support
  • • Professional networking
  • • Education services
  • • Healthcare services

AI not used to simulate personal connection

Artificial intelligence used for internal business services, customer service, or research support is outside the AI limb of the age-restricted platform definition.

  • • AI is not used solely or primarily to simulate a social, emotional, or other personal connection with a user

Compliance & Enforcement

Penalties

NZD 40M or 10% revenue (whichever higher)

View on map

New Zealand

Focus Areas

Child safety
Algorithmic accountability
Active safeguards required

Cite This

APA

New Zealand. (n.d.). Online Safety (Minimum Age and Child Safety Risk Assessment) Bill.

Related Regulations

In Effect BR

Brazil ECA Digital

Comprehensive child digital safety law applying to any IT product or service directed at or likely to be accessed by minors in Brazil, with extraterritorial reach.

In Effect CN

China Minor Content Classification Measures

Establishes a four-category classification framework for online content that may harm minors' physical and mental health. Prohibits platforms from displaying classified harmful content in prominent positions (homepage, pop-ups, trending, recommendations). Requires preventive measures against content risks from algorithmic recommendations and generative AI.

In Effect EU

EU DSA Minors Guidelines

Commission guidelines under DSA Article 28(1) establishing measures for online platforms to protect minors, including age assurance, default privacy settings, anti-addictive design restrictions, recommender system safeguards, and protections against grooming and exploitation.

In Effect CN

CN Anthropomorphic AI Measures

Comprehensive Chinese regulation governing anthropomorphic and emotionally interactive AI services (companion chatbots, virtual companions), with mandatory crisis intervention for self-harm/suicide indications, dedicated minor and elderly protection modes, restrictions on emotional dependency framing, and security assessments at defined user-scale thresholds.

In Effect NZ

NZ Biometric Code

Sets specific legal requirements under Privacy Act for collecting and using biometric data such as facial recognition and fingerprint scans. Prohibits particularly intrusive uses including emotion prediction and inferring protected characteristics like ethnicity or sex.

In Effect NZ

NZ HDCA

Establishes 10 communication principles and creates both criminal offenses and civil remedies for harmful digital communications. Amended 2022 for intimate image sharing. Note: Post-Christchurch rapid classification powers are in a separate law (Films, Videos, and Publications Classification Amendment Act 2021).

Last updated August 30, 2026. Verify against primary sources before relying on this information.