The Australian federal government is doubling the maximum penalty for systematic breaches of the nation’s under-16 social media ban to $99m. Prime Minister Anthony Albanese announced the move, citing evidence that major tech companies are failing to effectively restrict minors from accessing harmful platforms. New reforms will also grant the eSafety commissioner expanded powers to compel companies and third-party providers to produce evidence of their compliance efforts.
Why is the government doubling the penalties?
The government is raising the financial stakes to $99m—matching current competition and consumer law penalties—because it argues tech giants are failing to prioritize child safety. According to the communications minister, Anika Wells, social media platforms are utilizing “tricks” to perform the bare minimum while avoiding substantive compliance. The government reports that more than 5m accounts held by under-16s have been removed, deactivated or restricted since the December 10 launch of the ban, but the current enforcement mechanisms have not stopped the majority of under-16s from accessing these sites.
While the Australian government claims more than 5m underage accounts have been removed, deactivated or restricted, researchers from the University of Newcastle found that more than 80% of adolescents still accessed social media platforms three months after the legislation took effect.
How will the eSafety commissioner’s powers change?
Under the proposed reforms, the eSafety commissioner will gain the authority to demand specific documentation and evidence from social media companies regarding their age-assurance measures. This power extends to third-party entities, including app store providers and age-verification services. By compelling these firms to show their work, the government aims to close loopholes that allow minors to bypass restrictions.
What do the latest research findings reveal about compliance?
A study published this month in the BMJ by the University of Newcastle highlights a significant gap between policy and reality. Researchers surveyed over 400 adolescents aged 12 to 17 and found that only 5% of 12- to 13-year-olds and 11% of 14- to 15-year-olds were required to submit official photo identification. Most platforms relied on self-reported ages or simple photo uploads, which the study concluded led to “substantial circumvention” of the law. The findings suggest the legislation may be more effective for children under eight, rather than older teenagers who are already entrenched in digital social networks.
Are other countries following the Australian model?
Australia’s legislative approach has sparked a wave of global interest in restricting social media access for minors. The French national assembly has passed legislation prohibiting access for children under 15, contingent on parental consent. Meanwhile, the UK government has committed to implementing an “Australia-plus” style ban by 2027, which would include additional layers of restriction. Similar policy proposals are currently under consideration in Slovenia, Poland, Spain, Denmark, and Malaysia, signaling a shift in how international regulators view corporate responsibility regarding adolescent internet use.
Pro Tip: Staying Informed
To track how these policies evolve, monitor updates from the eSafety Commissioner’s office, which provides the most direct insights into regulatory enforcement actions against specific platforms.
Frequently Asked Questions
- What is the new penalty for breaching the ban? The maximum penalty for systematic breaches will increase from $49.5m to $99m.
- How are teens bypassing the ban? Research shows teens commonly use fake accounts or VPNs to access restricted platforms.
- When did the ban come into effect? Australia’s social media ban for under-16s officially became law on December 10.
- Which platforms are currently under investigation? The eSafety commissioner is actively investigating potential breaches by Facebook, Instagram, Snapchat, TikTok, and YouTube.
What are your thoughts on the effectiveness of age-verification technology? Join the conversation in the comments below or subscribe to our newsletter for the latest updates on digital safety legislation.
