Sweeping changes to under-16 social media ban as maximum penalty doubled for non-compliant platforms

Sweeping changes to under-16 social media ban as maximum penalty doubled for non-compliant platforms

The Albanese Government has promised to throw the book at companies not doing enough to keep under 16s off social media by doubling the maximum penalty for breaches, despite not yet fining a single platform.

Under new laws announced on Saturday, the maximum penalty for companies breaching Australia’s social media minimum age law will double from $49.5 million to $99 million.

The eSafety Commissioner will also be given greater powers to compel social media companies to provide evidence of what they have done to stop under 16s from getting an account.

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

The new laws come despite not a single platform being fined yet for compliance issues.

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

Minister for Communications Anika Wells said she wasn’t satisfied that tech companies were doing everything they could 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,” she said.

“In reponse, 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.”

More than five million under 16s accounts have been removed, deactivated, or restricted since the ban began on December 10, according to the Federal Government.

However, a study published earlier this week revealed that 85 per cent of teenagers were using restricted social media platforms.

The University of Newcastle study — which surveyed 408 adolescents before and three months after the social media ban was introduced — found a majority of young people still could access platforms using their own accounts.

ESafety Commissioner Julie Inman Grant. Credit: MICK TSIKAS/AAPIMAGE

More than a dozen other countries are looking to replicate the social media policy.

Prime Minister Anthony Albanese said there were still too many children on social media.

“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,” he said.

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

The new laws come as the government prepares to introduce a wide-ranging “digital duty of care” by the end of the year to protect all internet users.

After Australia’s domestic spy agency ASIO this week warned of rising online radicalisation, the Prime Minister said new online regulations to crack down on dangerous algorithms were a “priority.”

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