Australia’s government plans to double the maximum financial penalties for social media companies that fail to enforce a ban on users under 16, as evidence suggests current compliance remains low. The proposed legislative amendments will raise the maximum fine for systematic failures from 49.5 million AUD to 99 million AUD, according to a government announcement.
Why is Australia increasing these penalties?
The Australian government, led by Prime Minister Anthony Albanese, is escalating enforcement because current age-verification measures have proven largely ineffective. Despite a prohibition in effect since December, data indicates that most minors still access these platforms.
"It’s clear that the big tech companies are not doing enough to comply with the law: there are still too many children on social media," Prime Minister Albanese stated. While the government reports that more than 5 million accounts belonging to users under 16 have been deactivated or restricted since the law’s introduction, independent research paints a different picture. A study published in the British Medical Journal involving 408 adolescents found that 85% of Australians aged 12 to 15 continued using social media three months after the ban took effect.
How will the new regulations change oversight?
The proposed law updates will grant the eSafety Commissioner, led by Julie Inman Grant, expanded powers to compel platforms to prove their compliance. Currently, the regulator is actively investigating five major platforms: Meta’s Instagram and Facebook, Google’s YouTube, Snap’s Snapchat, and TikTok.
Under the new framework, the eSafety Commissioner will be able to:
- Demand concrete evidence from social media companies regarding their age-prevention measures.
- Gather data from third-party sources, such as age-verification providers and app stores, to cross-check claims made by the platforms.
Minister for Communications Anika Wells criticized the current industry approach, stating that platforms are using "tricks" to do the bare minimum to comply with the law.
What is the industry response?
The tech industry has faced criticism for relying on user-reported ages or easily bypassed verification methods, such as self-uploaded photographs. In April, an industry body representing tech providers argued that the failure to enforce the ban stems from a lack of implementation of existing tools rather than a lack of technological capability.
The legislative path forward remains in flux. While the government has confirmed its intent to increase fines, a spokesperson for the Prime Minister noted that a specific date for introducing these amendments to Parliament has not yet been set. Meanwhile, the social media platform Reddit has challenged the ban in Australia’s maximum court, arguing that the law infringes upon freedom of expression. The Australian government has stated it intends to defend the legislation in court.
Global context of social media restrictions
Australia’s approach is being closely monitored by other nations considering similar youth-focused digital restrictions. The United Kingdom is currently developing its own set of proposals, which aim to broaden the scope of regulation beyond social media to include video streaming and gaming platforms.