The Albanese Government is doubling down on platforms that are not doing enough to keep under 16s off social media.

The Government will strengthen the eSafety Commissioner’s information-gathering powers with new legislation and will double the maximum penalty for breaches of the social media minimum age law to $99 million.

Australian parents have led this global movement and we back them to keep our kids safe.

Social media companies have a social responsibility, and they must uphold their legal responsibility in Australia to keep under 16s off social media.

We have already seen more than 5 million under-16s accounts removed, deactivated or restricted since the ban began on December 10. 

However, it is clear that eSafety needs more tools in their belt to take on these billion-dollar social media companies and hold them to account

The new laws will mean the eSafety Commissioner, as the independent regulator, can compel social media companies to provide evidence of what they have done to stop under 16s from getting an account. The enhanced powers will give the Commissioner stronger enforcement and compliance tools and more powers to hold big tech accountable.

The changes will make it easier for eSafety to gather evidence by empowering the independent regulator to demand information and documents, to ensure companies are complying with Australian law.

Importantly this includes information from third parties, such as age assurance or app-store providers, which may assist in validating or testing claims made by platforms.

These changes will provide the Commissioner with more detailed information on what platforms are doing – or not doing – to comply with the social media minimum age law, supporting more effective investigation and potential enforcement action.

The penalty for failing to comply with the information-gathering notices from the Commissioner will also be doubled.

Increasing the penalty for systematic breaches from $49.5 million to $99 million brings it in line with penalties available under competition and consumer law.

eSafety is actively investigating potential non-compliance in relation to five platforms: Facebook, Instagram, Snapchat, TikTok and YouTube.  

Australia’s landmark social media reform to protect young people online has started a global movement with countries across the world following Australia’s lead.

Quotes attributable to the Prime Minister Anthony Albanese:

“Australia is leading the world in our efforts to keep kids and young people safe online.

“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.

“These changes reflect the seriousness with which we take any failure by social media companies to comply with our world-leading law.”

Quotes attributable to Minister for Communications Anika Wells:

“Six months into our world-leading social media law, I am not satisfied that tech companies are doing everything they can to keep under-16s off their platforms.

“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.

“In response, I am making sure the regulator has stronger tools to get the job done and doubling the fines for non-compliance.

“Social media platforms are some of the richest and most powerful companies in the world, and we’re serious about holding them to account.

“These tough new penalties and powers show we will not back down. Instead, we are doubling down on our efforts to hold big tech to account.”