Government Increases Penalties for Social Media Platforms Failing to Enforce Age Restrictions
Prime Minister Anthony Albanese has expressed dissatisfaction with the enforcement of Australia’s social media age ban, announcing significant increases to penalties for non-compliant tech giants. The government is set to double the maximum fines for these platforms to $99 million and grant the eSafety Commissioner enhanced investigative capabilities.
These regulatory adjustments follow recent commentary from Commissioner Julie Inman Grant, who acknowledged the challenges in policing the new laws and expressed a desire for more robust powers to oversee technology platforms. Australia’s pioneering legislation, aimed at preventing individuals under 16 from accessing social media, took effect in December. The policy, which faced considerable opposition from platforms including Facebook, Instagram, Snapchat, TikTok, and YouTube, has been promoted by the government as a success, with claims of over 5 million accounts being removed. However, reports suggest that young people are easily bypassing the ban, and questions have been raised about the accuracy of the account removal data.
Platforms Accused of ‘Bare Minimum’ Compliance
Prime Minister Albanese stated, “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.”
He further elaborated on the government’s response: “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.”
Enhanced Powers for eSafety Commissioner
New legislation, expected to be introduced soon, will empower Commissioner Inman Grant to demand evidence from companies detailing their efforts to prevent underage access. This includes the authority to request information and documents from platforms. These expanded powers will also extend to third parties involved in age verification processes, such as age-assurance firms and app-store providers. Penalties for failing to comply with these information-gathering directives will be doubled.
Commissioner Inman Grant had previously characterized the establishment of the social media ban as a “very blunt force approach,” noting that the legislation was developed rapidly with limited structural support. She indicated that her office lacked “potent powers” and that a regulator’s effectiveness is contingent on the “tools and the resources that they’re given.”
Significant Increase in Financial Penalties
The fines for systematic violations of the age ban are scheduled to increase from $49.5 million to $99 million. This revision addresses criticisms that the previous penalty was disproportionately small compared to the substantial annual revenues of the targeted companies, which range from approximately $US6 billion ($8.7 billion) to over $US200 billion ($290 billion).
“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,” Albanese affirmed.
During a parliamentary session, Albanese delivered a strong critique of technology companies, highlighting concerns about the normalization of extreme conduct and sexual violence by social media algorithms, which he stated has led to young women presenting with injuries at hospitals.
