Six months after Australia became the first country to ban under-16s from social media, the government has concluded that platforms are not taking the rule seriously and is preparing to make the consequences of violating it significantly more costly. The Australian initiative, which came into effect on December 10 under the Cybersecurity Amendment Act, has sparked heated debate both at home and abroad.
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This ban aims to reduce minors' exposure to potentially harmful content and protect their privacy. However, its implementation has proven more complicated than expected. Despite the fact that more than five million accounts belonging to people under the age of 16 have been blocked, the reality is that many minors still have access to their accounts.
This gap between official numbers and the real situation is a constant embarrassment for the regime. The regulator is investigating possible violations by major platforms such as Facebook, Instagram, Snapchat, TikTok and YouTube.
Previous compliance work found that platforms had not taken the “reasonable steps” required by the law, a finding that was covered up when Australia warned companies for non-compliance. This failure to enforce the rules has led the government to propose new powers to gather evidence, such as board minutes and internal emails, in order to strengthen legal action against non-compliant platforms.
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Communications Minister Anika Wells has been clear about the incentive she attributes to platforms, arguing that they are doing the bare minimum because they want the laws to fail. The new penalty regime is tailored to precisely that calculation: a fine large enough that compliance is cheaper than the risk of being caught not complying. Platforms, for their part, have generally said they are working towards compliance, but Australia is seeking to ensure they can prove whether they are doing so.
Australia’s experiment is being watched far beyond its borders. More than a dozen countries have expressed interest in similar restrictions since December, and several, including the UK, are considering measures that extend to games and AI chatbots as well as social feeds. What Canberra is now doing with its enforcement powers serves as a live test of whether such bans can be made effective.
The legislation has yet to be passed, and the timetable for the higher fines and expanded powers will depend on its approval by parliament. The government hopes that by imposing tougher penalties and being able to collect stronger evidence, it can close the gap between theory and practice. Companies, for their part, will need to seriously assess the costs of non-compliance, as Australia is determined to enforce the new rules rigorously.
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This Australian initiative is an important step towards protecting minors online, but it also highlights the challenges governments face in regulating major technology platforms. The success or failure of this endeavor could determine the future of online safety for minors globally.
