Australia’s pioneering social media age restrictions for individuals under 16 are facing scrutiny, with major platforms like Facebook, Instagram, TikTok, Snapchat, and YouTube under investigation for potential non-compliance. The nation’s eSafety Commissioner has highlighted “significant shortcomings” in how these platforms are enforcing the law, raising concerns that protective measures may not be as robust as intended.
The watchdog’s inaugural compliance report, released recently, indicates that while social media giants have initiated some actions – including the deactivation of over 4.7 million accounts within the first two days of the ban – substantial issues persist almost four months after the legislation came into effect.
Key Concerns Arising from the Report
The eSafety Commissioner’s report has pinpointed several critical areas where platforms appear to be falling short:
- Repeated Age Verification Attempts: A significant concern is that children who have already indicated they are underage are being permitted to repeatedly attempt age verification. This suggests that the systems in place are not adequately preventing persistent attempts by underage users to bypass restrictions.
- New Account Creation: Platforms are reportedly failing to effectively prevent the creation of new accounts by underage individuals, even after initial verification attempts. This points to potential weaknesses in the onboarding process and ongoing account monitoring.
- Ineffective Reporting Mechanisms: The report highlights a lack of robust reporting mechanisms for underage users. This means that when issues arise or when underage users are identified, the systems for flagging and addressing these situations are not functioning as effectively as they should.
Shifting to an Enforcement Stance
eSafety Commissioner Julie Inman Grant has signalled a firm shift towards an “enforcement stance.” This move underscores the seriousness of the compliance gaps, with platforms now facing the prospect of substantial civil penalties, potentially reaching up to $49.5 million for failing to adhere to Australian law.
“While social media platforms have taken some initial action, I am concerned through our compliance monitoring that some may not be doing enough to comply with Australian law,” Commissioner Inman Grant stated. She emphasised that effective enforcement hinges on building a comprehensive evidence base. This means not just proving that some underage children still possess accounts, but demonstrating that platforms have demonstrably failed to implement appropriate systems and processes to prevent such occurrences.
Government’s Expectations and Concerns
Communications Minister Anika Wells has expressed strong expectations that eSafety will “throw the book” at any company found to have systematically neglected its legal obligations. “If these companies want to do business in Australia, they must obey Australian laws,” Minister Wells declared.
Minister Wells voiced particular dismay over platforms allowing underage individuals “limitless chances” to pass age estimation checks. She cited instances where children were allegedly allowed to return with an older sibling to complete the verification process on their behalf. “That is taking the mickey and not upholding either the purpose of the law or the actual law,” she commented, suggesting a deliberate effort by platforms to circumvent the spirit of the legislation.
“Social media platforms are choosing to do the absolute bare minimum because they want these laws to fail. They want as many customers on their platform as possible. That maximises their profit,” Minister Wells asserted.
Gaps in Existing User Verification
The eSafety report also revealed instances where platforms had not even prompted existing users to verify their age. In such cases, the primary reason children remained on their accounts was simply because the platform had never initiated an age check for those users. This suggests a significant oversight in how established accounts are managed and monitored under the new regulations.
Evolution of Compliance Efforts
The findings mark a discernible shift in tone compared to January, when the government initially reported the deactivation of over 4.7 million accounts in the ban’s opening days, with preliminary analyses suggesting “meaningful attempts” at compliance. This figure has since climbed to 5 million deactivated or removed accounts within the first 100 days. However, the compliance report makes it clear that this large-scale removal of accounts has not translated into sustained and effective enforcement.
Impact on Harm Reduction
A particularly concerning finding from the eSafety report is the absence of any discernible drop in the number of cyberbullying and image-based abuse complaints originating from under-16s since the ban’s introduction. This metric is a key indicator of the law’s intended impact and suggests that, to date, the legislation has not demonstrably reduced the harms it was designed to address.
Parental Perceptions and Broader Cultural Shifts
Despite the compliance challenges, a survey of 900 parents conducted by eSafety revealed a notable shift in reported social media usage among children. The proportion of parents reporting their child had a social media account decreased from approximately half before the ban to about a third afterward. Minister Wells also pointed out that in some cases, around 33 per cent of underage users voluntarily deactivated their own accounts, indicating a potential internalisation of the ban’s message.
Commissioner Inman Grant drew a parallel between the social media industry’s resistance and historical corporate opposition to regulation. She noted that any significant cultural change challenging the vested interests and revenue streams of powerful industry players, whether in the automotive, tobacco, or tech sectors, would inevitably face pushback. However, she affirmed the regulator’s commitment to “continue to push ahead.”
Furthermore, the law appears to be fostering a broader cultural change. Parents have reported that the ban has empowered them to refuse their children’s requests for social media accounts, a development Commissioner Inman Grant described as making parents “pivotal partners in this cultural reset.”
International Comparisons and Legislative Evolution
Minister Wells offered her own analogy, likening the early enforcement period to the introduction of compulsory seatbelt laws. She argued that widespread initial non-compliance did not invalidate the policy. She also highlighted that over a dozen countries have begun to emulate Australia’s lead since the ban’s implementation on December 10. Notably, she mentioned Indonesia, where an estimated 70 million children recently spent their first weekend without social media access.
In a move to strengthen the ban’s reach, the government recently updated the definition of covered platforms. This expansion now includes platforms featuring infinite scroll, feedback mechanisms like likes or upvotes, and time-limited content such as disappearing stories. Ten platforms, including Threads, X, Reddit, Kick, and Twitch, currently fall under the ban and will be assessed against these updated criteria.
Platforms that have been identified with specific issues have been formally notified and provided with clear expectations for improvement. eSafety has indicated that certain details will be withheld to safeguard the integrity of its ongoing investigations.
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