The Australian government has announced it will double the penalty for breaches of its under-16 social media ban to $99 million, accusing tech companies of failing to adequately protect children. Prime Minister Anthony Albanese stated that 'big tech are not doing enough to comply with the law' and that 'there are still too many children on social media.'
Since the ban came into effect on 10 December, over 5 million accounts held by under-16s have been removed, deactivated, or restricted. However, research indicates that the majority of under-16s are still accessing social media by bypassing age restrictions. The new penalty, up from $49.5 million, aligns with fines under competition and consumer law.
The eSafety commissioner, currently investigating potential breaches by Facebook, Instagram, Snapchat, TikTok, and YouTube, will gain strengthened information-gathering powers. Proposed reforms would allow the commissioner to compel social media companies to provide evidence of their efforts to prevent under-16s from using their platforms, including from third-party age assurance or app store providers.
International momentum for similar reforms is growing. France has passed legislation to prohibit social media access for children under 15, and the UK plans an 'Australia-plus' ban for under-16s from 2027. Slovenia, Poland, Spain, Denmark, and Malaysia are also considering similar proposals.
However, a study by the University of Newcastle, published in the BMJ, found that more than 80% of under-16s were still using social media three months after the ban. The study of over 400 adolescents concluded that the legislation had 'limited implementation, incomplete compliance, and substantial circumvention.' Only 5% of 12- to 13-year-olds and 11% of 14- to 15-year-olds were required to provide official ID for age verification.
Communications Minister Anika Wells expressed doubt that tech companies are doing enough, stating, 'social media platforms are adopting tricks straight out of the big tech playbook and doing the bare minimum to get by.' The government aims to strengthen regulatory tools to enforce compliance.
