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Australia to Double Fines for Social Media Violations on Under-16 Ban

In a move to bolster online safety for minors, Australia is set to increase fines for social media platforms that fail to implement age restrictions effectively. Platforms like Facebook and Instagram could face fines up to 99 million Australian dollars if they do not prevent under-16s from holding accounts, as a response to what critics are calling a failed attempt to enforce a world-first ban.

Communications Minister Anika Wells highlighted the platforms’ resistance as a catalyst for the tougher laws, which have been in place since December 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 stated on the Australian Broadcasting Corp., using an Australian slang term for deceiving or mocking.

Draft legislation, to be introduced this week, aims to double the penalties for non-compliance with the age restrictions. These amendments are designed to enhance the capabilities of eSafety Commissioner Julie Inman Grant, providing her with the authority to demand relevant information and documents to ensure compliance with Australian law, as per a government statement.

The new powers will extend to include data from third-party entities, such as age assurance technology providers, to verify claims made by the platforms about underage users circumventing the ban.

Senior opposition lawmaker Jane Hume expressed potential support for the reforms, acknowledging that the existing legislation was inadequate. “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 commented.

The initial ban received overwhelming approval in 2024, granting platforms over a year to adapt to the new rules. Many nations, observing Australia’s progress, are considering similar measures.

Since the legislation took effect, initial reports indicated over 5 million children had their accounts removed or restricted. However, eSafety reported in March that 70% of children with accounts on December 10 remained active on Facebook, Instagram, Snapchat, and TikTok.

Inman Grant, in April, indicated she was considering legal action against non-compliant platforms, although she acknowledged satisfactory progress from platforms like X, Kick, Reddit, Threads, and Twitch.

Wells emphasized the need for stringent changes, stating, “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.”