The Australian government has announced it will double the penalty for breaches of its world-leading under-16 social media ban to $99 million, accusing tech companies of failing to comply with the law. Prime Minister Anthony Albanese stated that big tech is 'not doing enough' to keep children off harmful platforms, as research indicates the majority of under-16s are still accessing social media despite the ban.
The proposed reforms will also strengthen the information-gathering powers of the eSafety commissioner, who is currently investigating potential breaches by Facebook, Instagram, Snapchat, TikTok, and YouTube. The commissioner will be able to compel social media companies to provide evidence of their actions to prevent under-16s from opening or using accounts, including from third-party age assurance or app store providers.
Since the ban was introduced on 10 December, over 5 million accounts held by under-16s have been removed, deactivated, or restricted. However, a study by the University of Newcastle found that more than 80% of under-16s were still using social media three months after the legislation came into force. The study, published in the BMJ, noted limited implementation, incomplete compliance, and substantial circumvention of restrictions.
Communications Minister Anika Wells expressed dissatisfaction with the efforts of social media platforms, stating they are 'doing the bare minimum to get by.' The government aims to bring the penalty into line with competition and consumer law, reflecting the seriousness of any failure to comply with the world-leading legislation.
Australia's ban has sparked international momentum, with France passing similar legislation for under-15s, the UK planning an 'Australia-plus' ban from 2027, and other countries including Slovenia, Poland, Spain, Denmark, and Malaysia considering proposals. Despite this, the effectiveness of the ban remains under scrutiny, with research suggesting it may be more effective for children under eight than for adolescents already using social media.
