Australia to double fines for tech firms over child social media ban amid compliance concerns

Australia will significantly increase penalties for technology firms that fail to enforce its landmark ban on social media access for children under 16, as the government moves to tighten oversight following evidence that many teenagers continue to use the platforms despite the restrictions.

The proposed changes, announced on Saturday, will also expand the powers of the country's internet regulator, the eSafety Commissioner, allowing it to compel social media companies to produce evidence of the measures they have taken to prevent under-16s from creating accounts.

Penalties to double under proposed changes

Under the planned amendments, the maximum penalty for systematic failures to comply with the law will increase from A$49.5 million to A$99 million ($68 million).

The government also reiterated that the eSafety Commissioner is actively investigating possible non-compliance by five major platforms: Meta's Instagram and Facebook, Google's YouTube, Snap's Snapchat and TikTok.

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Australia strengthens regulator's powers

Alongside higher penalties, the government plans to give the eSafety Commissioner stronger information-gathering powers.

The proposed amendments will enable the regulator to require information not only from social media companies but also from third parties, including age-assurance providers and app store operators, to verify claims made by the platforms regarding compliance.

A spokesperson for Prime Minister Anthony Albanese said the government had not yet decided when the amendments would be introduced in parliament but indicated further announcements would be made soon.

Government says platforms are not doing enough

Australia's social media ban, introduced six months ago, has attracted international attention as other countries consider adopting similar measures to address concerns about the impact of social media on young people's mental and physical health. Britain this month announced plans for broader restrictions that would also apply to gaming and live-streaming platforms.

"I'm heartened by the shift in conversation and the global momentum we’ve seen since introducing the social media minimum age, but it’s clear big tech are not doing enough to comply with the law – there are still too many children on social media," Prime Minister Anthony Albanese said in a statement.

The government said more than 5 million under-16 accounts have been deactivated or restricted since the ban came into force.

Minister for Communications Anika Wells also criticised technology companies, saying: "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."

Studies raise questions over enforcement

Despite the government's measures, several studies have suggested that the age-verification systems introduced by technology companies remain easy for children to bypass. These mechanisms include selfie-based age checks, while in many cases children were never asked to verify their age.

A study published in the British Medical Journal this week, involving 408 adolescents, found that 85% of Australians aged 12 to 15 continued using social media three months after the ban took effect.

According to the study, around two-thirds of underage users remained on social media by declaring themselves to be over 16 or by submitting a selfie that platforms accepted as proof they were above the minimum age.

Earlier in April, an industry body representing technology suppliers argued that difficulties in enforcing the ban stemmed from weak implementation of existing age-check tools by social media companies rather than limitations in the technology itself.

Online discussion platform Reddit has challenged the legislation in Australia's highest court, seeking to overturn the ban on free speech grounds.

The Australian government has said it will defend the lawsuit.