The Australian federal government announced on Sunday it will introduce new legislation to double fines to $99 million for platforms that breach the under-16 social media ban and grant the eSafety commissioner, Julie Inman Grant, stronger information-gathering powers. The move comes as experts warn that stronger enforcement is needed to make the ban effective.
Government's Enforcement Strategy
Research this month indicated that the majority of under-16s are bypassing age restrictions. The government reported that over 5 million accounts have been removed, deactivated, or restricted since the ban took effect on 10 December. Treasurer Jim Chalmers acknowledged that tech companies have not been doing enough, stating, "We will strengthen the penalties. We will strengthen the powers of the eSafety commissioner, and that’s because we recognise that the future of our kids, the safety of our kids, is too important to let the big tech companies wriggle off the hook or avoid their responsibilities."
Experts Call for Enforcement Mode
Catherine Page Jeffery, a senior lecturer in media and communications at the University of Sydney, said the government needs to switch into "enforcement mode." She noted, "It is still early days yet not much has changed for under-16s with about 80% still stating they remain on social media. Stronger enforcement mechanisms are clearly needed, but there’s no point in doubling the penalty if the regulator doesn’t enforce them, and move into the enforcement mode." Page Jeffery advocated for a digital duty of care to hold platforms accountable for the content they carry, which she argued would be a better policy than excluding young people.
Political Reactions
The Greens called for the government to focus on regulating algorithms rather than just the ban. Greens senator Sarah Hanson-Young said, "When this legislation was debated, the Greens argued that we needed to regulate the algorithms, not just the symptoms. The two major parties chose not to." She indicated her party would consider the new legislation but push for action on algorithms. Shadow communications minister Sarah Henderson described the new penalties as an "admission of failure" by the government, stating, "Today’s announcement is an embarrassing admission that Anika Wells’ oversight of the social media ban has been flawed and chaotic which is compromising the online safety of children."
Research and Expert Opinions
A study by the Murdoch Children's Research Institute found a direct risk between heavy social media use and poor mental health in young people, particularly those aged 12 to 13. However, the authors warned that age-based restrictions alone are unlikely to eliminate all risks. They urged holding platforms accountable for algorithms and features that promote compulsive engagement and exposure to harmful content, possibly through Australia's proposed digital duty of care reform. Elizabeth Handsley, a Western Sydney University law professor and president of Children and Media Australia, welcomed the increased penalties but questioned their effectiveness, saying, "It’s nice to think this kind of matter is being treated as seriously as the other kinds of corporate breaches that our law addresses. Whether it’s going to be effective, you have to presume the government has done its homework and that it has reason to believe it’s going to be so."
Industry Response
TikTok, Snapchat, Meta (owner of Facebook and Instagram), and Google (owner of YouTube) were approached for comment but have not yet responded. The government has promised to legislate a digital duty of care but is still consulting on its form.
