TikTok, Sexting Laws and Screens: What Parents Need to Know

As the holiday season draws near, excitement often mingles with anxiety for parents navigating their children's digital lives. With TikTok's popularity soaring, increased screen time, and sexting becoming more common among teens, understanding the hidden risks associated with screens is crucial. While these platforms offer entertainment and social connection, they also present significant risks to young users' mental health and well-being.

At AviorLaw, we’ve created this guide to help you protect your children this holiday season—legally and practically.

Understanding the TikTok Phenomenon

TikTok has rapidly become one of the most popular social media platforms among young people, boasting over a billion active users worldwide. Its algorithm-driven "For You" feed curates content based on user interactions, which can lead to prolonged engagement.

A 2023 investigation by Amnesty International found that TikTok’s algorithms can serve children harmful content, including pro-anorexia material, mental health misinformation, and self-harm imagery — often within minutes of signing up. From a legal standpoint, while TikTok’s terms of service prohibit users under 13, there is no automatic enforcement or age verification, creating a grey area of parental responsibility. While there are currently no laws directly holding parents liable for children's social media use, authorities may consider prolonged exposure to harmful material as a child welfare issue under the Children and Community Services Act 2004 (WA) if a lack of supervision results in psychological harm or neglect.

The Children and Community Services Act 2004 (WA) recognises that psychological harm is a form of child abuse or neglect. If a child is routinely exposed to distressing, violent, or exploitative content online—and the parent fails to take steps to intervene—there could theoretically be intervention by child protection authorities. While this would be rare, it underscores the legal and moral duty of care that parents have in managing digital environments. Ensuring children are not left unsupervised for hours on platforms like TikTok, particularly when they are experiencing mental health difficulties, is not just good parenting—it’s potentially a legal safeguard.

The Children's Society has also raised alarms about TikTok's impact on children's mental health. They point out that the platform's design can contribute to increased anxiety, disrupted sleep patterns, and diminished self-esteem among young users. The constant exposure to curated, often idealized content can create unrealistic expectations and a distorted sense of reality.

Moreover, the addictive nature of endless scrolling can interfere with daily routines, academic responsibilities, and in-person social interactions, further exacerbating feelings of isolation and stress.

Privacy Concerns

TikTok encourages sharing personal content, which can lead to privacy issues. For instance, a study by the Pew Research Center found that 57% of teens have shared personal information online. However, many do not grasp the implications of revealing their location or identifiable stories.

Take Action: Talk to your children about the importance of keeping personal information private. Help them adjust privacy settings to restrict who can see their content. If your child is under 13, they legally shouldn’t be using TikTok (per its terms). You can formally request TikTok to remove content if it involves your child and breaches privacy.

A vibrant representation of TikTok engaging content themes.

The Dangers of Sexting

Sexting, or the sharing of sexually explicit messages or images via digital devices, has become increasingly prevalent among teenagers. While it may seem like a form of private communication, it carries significant legal and emotional risks. Sexting, or sending sexually explicit messages or images via mobile devices, has become increasingly common among teens.

Legal Considerations in Western Australia

In Western Australia, the law is clear, it is a criminal offence to create, possess, or share sexually explicit images of a person under the age of 18, even if that person consents or shares the image themselves. This applies even when both individuals involved are minors. A teenager who shares a nude photo of themselves with their boyfriend or girlfriend could technically be charged with distributing child exploitation material under sections 220 and 221 of the Criminal Code Act Compilation Act 1913 (WA). Even possession of such an image—even if received unsolicited—may constitute an offence. Police have discretion, and courts may divert matters involving consensual teen sexting, but the legal consequences can still be serious, including potential registration as a sex offender. If a teenager is investigated for a sexting-related offence, WA Police may refer them to a juvenile diversion program as an alternative to formal prosecution. These programs aim to educate and rehabilitate, and may prevent a conviction being recorded. However, diversion is discretionary—it depends on factors such as the child’s age, intent, prior history, and whether the image was shared beyond the intended recipient.

In WA, non-consensual sharing of intimate images (sometimes referred to as "revenge porn") is also a separate offence, even if the original image was shared consensually. The Criminal Code (WA) makes it an offence to distribute an intimate image without the subject's consent (s. 221BD). Importantly, there is no minimum age for victims—so children and teens are fully protected by these laws. If a young person shares an image of another without their permission, they may be charged with both image-based abuse and child exploitation offences, depending on the context and the age of the people involved.

These laws aim to protect minors from exploitation, but they also mean that teenagers engaging in sexting can inadvertently find themselves on the wrong side of the law. While the general rule is that creating, possessing or sharing explicit images of anyone under 18 is illegal, there are some exceptions in WA law under sections 220 and 221 of the Criminal Code. For instance, it may not be an offence if both individuals are aged between 16 and 18, and the image is of someone of a similar age, shared consensually in a private setting. However, this exception is narrow, and police still have discretion to investigate or charge, particularly where the image was shared further, the age gap is significant, or there is evidence of coercion.

Once a photo or message is sent, control is lost. Children may think that sending a message is private, but these images can quickly spread. In fact, a 2020 survey found that 15% of teens reported having shared explicit images with someone.

If your child is contacted by police about a sexting or online conduct matter, remember: they have the right to remain silent and to have a responsible adult present during any interview. In WA, under the Criminal Investigation Act 2006, police must not interview a child without a parent, guardian, or independent adult present unless the matter is extremely urgent. It's crucial not to allow a child to provide a statement or explanation before obtaining legal advice. Many well-meaning children admit to things without realising the legal implications.

Take Action: Educate your children about the permanence of digital content and its consequences. Discuss scenarios that illustrate how a single message can impact their future. Even if a young person receives an explicit image without asking for it, the law still technically treats possession as an offence. There is no automatic defence unless the image is immediately deleted and not shared further. Parents should advise children: do not share it, do not save it, and seek advice straight away. Early reporting may prevent police involvement or prosecution.

A focused image highlighting a mobile device text notification.

Building Trust and Communication

Creating an environment of trust and open communication is vital. Encourage your children to express their feelings about their own experiences and those of their peers. A 2021 survey showed that 78% of children feel more comfortable discussing sensitive topics with their parents when they know they can speak freely.

Take Action: Regularly check in with your children about their digital interactions and emotions. This will help guide them in making smart choices online.

Managing Screen Time During the Holidays

With increased screen time during the holiday season, it is easy for kids to lose track of how long they are on their devices.

Establishing Boundaries

Establish a family screen-time policy that balances online engagement with offline activities. For example, consider designating "tech-free" family nights once a week, where everyone puts away their devices for games or outdoor activities.

Take Action: Put specific times in place for screen use, creating a healthier balance in daily routines.

Monitoring Usage

Parents can monitor their children’s online activities without infringing on their privacy. Various apps allow parents to track usage patterns, helping them stay informed about online habits respectfully. Research indicates that 70% of parents believe monitoring their children’s screen time leads to healthier habits.

Take Action: Use monitoring tools sparingly. The goal is to understand usage rather than control it.

Consequences of Excessive Screen Time

Excessive screen time can lead to negative outcomes, such as reduced physical activity and disrupted sleep. Studies suggest that children who spend more than 4 hours a day on screens are at a higher risk for sleep issues and lower academic performance.

Take Action: Encourage healthy routines by balancing screen time with physical activities, ensuring kids develop positive long-term habits.

Navigating Online Friendships

During the school holidays, teens tend to connect with friends online, but much of this interaction happens in digital spaces.

Understanding Online Friendships

Online friends can greatly influence teenagers' behaviors and values. While these friendships can provide support, they can also introduce negative influences. A large portion of teens have felt pressured to engage in activities they would not normally consider due to peer influence online.

Discussing Safe Communication

Encourage safe communication practices. Children should be cautious when sharing personal information and arranging to meet online friends in person. Hold discussions on the importance of trust and safety in their digital relationships.

Final Thoughts

As families gear up for the school holiday season, understanding and addressing the hidden risks of TikTok, sexting, and screens is crucial.

At AviorLaw, we understand that navigating your child’s digital world can feel overwhelming—especially when legal risks are involved. If you’re concerned about your child’s online activity, have been contacted by the police or a school, or simply want peace of mind, we’re here to guide you.

We offer confidential, practical legal advice for families facing issues related to sexting, cyberbullying, online image-based abuse, and parenting responsibilities.

👉 Book a free 15-minute consultation today to speak with one of our lawyers at info@avior.com.au