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Australia doubles fines to hold social media companies accountable for under-16 ban

by marwane khalil
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Australia doubles fines to hold social media companies accountable for under-16 ban

Australia doubles fines on social media companies, expands enforcement powers

Australia doubles fines on social media companies and gives the eSafety Commissioner stronger powers to curb under-16 access and probe platform practices.

Australia has announced it will double fines on social media companies that fail to enforce the government’s under-16 ban, saying platforms are still allowing large numbers of children to bypass the rules. The move raises the maximum penalty for systemic breaches from A$49.5 million to A$99 million and equips the eSafety Commissioner with broader investigatory authority.

New penalties and tougher oversight

The federal government said the legislative package increases the top fine for systemic non-compliance to A$99 million and supplements financial penalties with new enforcement tools. Officials argue higher penalties are intended to change corporate behaviour where existing consequences have not sufficiently deterred breaches.

Communications Minister Anika Wells described the measures as necessary to ensure platforms take meaningful steps, and the government also plans to give the eSafety Commissioner the power to compel documents and other evidence. The expanded remit is aimed at age-checking services, app stores and intermediary companies that may assist platforms in avoiding responsibility.

Ongoing investigations into major platforms

Regulators have opened inquiries into the practices of Facebook, Instagram, Snapchat, TikTok and YouTube to assess whether those services have complied with the ban. The investigations focus on how platforms verify user ages, whether they have taken reasonable steps to prevent under-16s from registering, and whether systemic failures exist.

Government briefings said more than five million accounts registered to under-16s have been blocked since the ban took effect, but officials contend that blocking alone has not stopped widespread circumvention. The inquiries will examine both technical measures and the policies platforms use to detect and deter underage users.

Evidence of circumvention and academic evaluation

A peer-reviewed evaluation published this month in the British Medical Journal found insufficient evidence that the ban had markedly reduced young people’s social media use and reported substantial circumvention. Researchers surveyed more than 400 children before the measure was introduced and again three months later, concluding many users had shifted to accounts registered in other people’s names or to private browsing methods.

That academic assessment has increased pressure on Canberra to strengthen enforcement rather than rely on voluntary platform compliance. Officials said the study’s findings reinforced the need for mandatory mechanisms, not only voluntary pledges from technology companies.

How platforms are accused of evasion

Australian ministers say some tech firms are using design choices and verification workarounds that amount to the “bare minimum” required by law. Examples cited by regulators include weak age-estimation algorithms, reliance on self-declared ages, and offering technical paths that allow underage users to hide their identity.

Platforms commonly deploy a mix of AI-driven age estimation and optional ID checks; under the revised rules they will need to demonstrate they have taken “reasonable steps” to bar under-16s. The government has made clear that a checklist approach will not suffice if children continue to sign in through third-party browsers, fake profiles or accounts nominally linked to adults.

New investigatory powers and compliance tests

Under the proposed legislation, the eSafety Commissioner will be able to issue formal notices demanding records from social media companies, age-verification providers and app marketplaces. That authority is designed to speed up inspections and remove barriers to obtaining evidence of systemic failings.

Officials say platforms must show transparent processes for age checks and be prepared to prove the effectiveness of automated tools. The law will require documentation of risk assessments, testing outcomes and details of any changes made in response to regulator feedback.

International attention and potential ripple effects

Australia’s policy has attracted global scrutiny, with policymakers in the United Kingdom, Indonesia, the United Arab Emirates and New Zealand reported to be watching the experiment closely. Canberra’s approach has been framed as a potential model for other countries considering restrictions on minors’ access to social media.

Advocates for children’s online safety have largely welcomed stronger enforcement powers, while industry groups warn that tougher rules could present technical and privacy challenges. The debate abroad underscores how national regulatory decisions can influence multinational platforms that operate across many jurisdictions.

The government said the package aims to restore the intent of the under-16 ban by ensuring platforms take effective action rather than relying on token compliance. Critics and proponents will now look to the eSafety Commissioner’s investigations and any subsequent enforcement actions for evidence that the tougher penalties and new powers produce measurable results.

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