SYDNEY: Australia will double the maximum financial penalty for social media platforms that systematically breach its ban on under-16s using their services, the government announced on Saturday, saying major technology companies are still failing to keep children off their platforms.
The proposed legislation would increase the maximum penalty from A$49.5 million (US$34 million) to A$99 million (US$68 million) for systemic violations of the law.
The government also plans to strengthen the powers of the eSafety Commissioner, Australia’s online safety regulator, to investigate compliance by social media companies.
Prime Minister Anthony Albanese said the tougher measures reflected the government’s determination to enforce what it describes as a world-leading law.
“It is clear big tech are not doing enough to comply with the law – there are still too many children on social media,” Albanese said in a government statement.
“These changes reflect the seriousness with which we take any failure by social media companies to comply with our world-leading law,” he added.
Regulator to receive stronger powers
The government said the independent eSafety Commissioner is actively investigating potential non-compliance by Facebook, Instagram, Snapchat, TikTok and YouTube.
Under the proposed reforms, the regulator would be able to compel social media companies to provide evidence of the steps they have taken to prevent users under the age of 16 from creating or accessing accounts.
The eSafety Commissioner would also gain expanded powers to demand documents and information not only from social media companies but also from third parties, including age-assurance providers and app store operators, to verify platforms’ compliance claims.
Communications Minister Anika Wells said she was dissatisfied with the industry’s efforts to implement the law.
“Based on the regular updates I receive from the eSafety Commissioner, it is clear to me that social media platforms are adopting tricks straight out of the big tech playbook and doing the bare minimum to get by,” Wells said.
She said the world’s largest technology companies must be held accountable, adding that the government was “doubling down” on efforts to enforce the legislation through tougher penalties and stronger regulatory powers.
Govt cites continued circumvention
The Australian government said more than five million accounts belonging to users under 16 had been removed, deactivated or restricted since the social media ban came into force on December 10.
However, it acknowledged that many children continue to bypass the restrictions.
According to the government, underage users have been evading the ban by using accounts registered to older people, creating fake accounts and accessing platforms through private browsers.
Social media companies bear sole responsibility under the law for verifying that Australia-based users are at least 16 years old and must demonstrate they have taken “reasonable steps” to prevent younger children from accessing their services.
Some platforms have introduced artificial intelligence tools to estimate users’ ages from photographs, while others allow users to verify their age by uploading government-issued identification.
Australia became the first country to legislate a nationwide minimum age of 16 for social media use, and the policy is being closely watched internationally.
Countries including Britain, Indonesia, the United Arab Emirates and New Zealand are considering or developing similar restrictions.
France’s National Assembly has approved legislation restricting social media access for children under 15 with parental consent provisions, while similar proposals are under consideration in Slovenia, Poland, Spain, Denmark and Malaysia.
Britain has also announced plans for an “Australia-plus” model for under-16s from 2027 with additional restrictions.
