Australia's under-16 social media ban is failing, so the government is (literally) doubling down | Fortune
Australia plans to double potential fines for social media platforms, including Facebook and Instagram, who fail to prevent Australian children from holding accounts as critics argue the world-first ban on under-16s was failing.
Communications Minister Anika Wells on Monday blamed the platforms’ resistance to the age restrictions for the need to toughen the laws that came into force on Dec. 10.
“We can all agree we would like the scheme to work better than it is currently, but that is on Big Tech taking the Mickey,” Wells told the Australian Broadcasting Corp., using an Australian slang term for deceiving, teasing or mocking.
The government announced Sunday it would introduce draft legislation into Parliament this week that would double the maximum fine to 99 million Australian dollars ($68 million) for platforms that fail to take reasons steps to prevent Australian children from holding accounts.
The amendments would also increase the powers of eSafety Commissioner Julie Inman Grant, Australia’s online safety watchdog, to demand information and documents to ensure platforms were complying with Australian law, a government statement said.
The new powers would also include information from third parties, such as age assurance technology providers, to test claims made by the platforms about how those under 16 continued to circumvent the ban, the statement said.
Senior opposition lawmaker Jane Hume said her party would consider voting for the reforms, saying the “social media ban wasn’t working” because of deficient laws.
“The legislation was clearly undercooked in the first place. The eSafety Commissioner wasn’t given the powers to be able to pursue these Big Tech companies,” Hume said.
Parliament passed the initial legislation with overwhelming support in 2024. The targeted platforms were given more than 12 months to plan to implement the ban.
Many countries who have implemented or are planning similar restrictions have been closely watching progress of Australia’s ban.
The government initially reported more than 5 million children had accounts removed, deactivated or restricted after the ban became law.
But eSafety reported in March that seven in 10 children who held accounts on restricted platforms on Dec. 10 remained on Facebook, Instagram, Snapchat and TikTok.
Inman Grant said in April she was considering court action against those platforms and YouTube, alleging they were not taking reasonable steps to exclude children.
She had been satisfied with progress made by the remaining restricted platforms: X, Kick, Reddit, Threads and Twitch.
Wells said she had received monthly updates from eSafety since March and “we are not seeing improvements.”
“These (draft) changes ensure that the eSafety Commissioner has the tools and powers she needs to hold platforms to account and we’re making sure that she can do just that,” Wells said.