Australia to double penalty for social media ban breaches to $99m as tech giants accused of ‘not doing enough’

Australia Escalates Penalties for Social Media Ban Violations to $99M Amid Criticism of Tech Giants

Australia to double penalty for social - Australia has taken a decisive step to reinforce its commitment to protecting young users online by doubling the financial consequences for companies that fail to comply with the youth social media ban. The federal government announced this move, asserting that technology firms are not fulfilling their obligations to keep children away from potentially harmful platforms. This comes as the eSafety commissioner gains additional authority to investigate potential violations by major platforms, including Facebook, Instagram, Snapchat, TikTok, and YouTube. The reforms, set to take effect, aim to address persistent challenges in enforcing the law and ensure stricter accountability from the tech industry.

Stronger Enforcement Powers for the eSafety Commissioner

As part of the proposed changes, the eSafety commissioner will be granted expanded information-gathering capabilities. This includes the power to demand evidence from social media companies regarding their efforts to prevent under-16s from creating or accessing accounts. The commissioner can also request data from third parties, such as app store operators or age verification service providers, to support their investigations. These measures are designed to create a more robust regulatory framework and hold platforms accountable for systemic non-compliance.

“Australia is leading the world in our efforts to keep kids and young people safe online,” said Communications Minister Anika Wells. “These changes reflect the seriousness with which we take any failure by social media companies to comply with our world-leading law.”

The legislation, which was enacted on 10 December 2025, has already prompted significant international interest. Countries like France, the UK, Slovenia, Poland, Spain, Denmark, and Malaysia are considering similar measures, with some planning to implement stricter age restrictions in the coming years. The UK, for instance, has outlined plans for an “Australia-plus” ban, set to begin in 2027, which includes additional safeguards for minors. France has already passed laws requiring parental consent for children under 15 to use social media platforms, signaling a global trend toward digital safety reforms.

Despite these efforts, recent research has cast doubt on the effectiveness of Australia’s initial approach. A study conducted by the University of Newcastle on over 400 adolescents aged 12 to 17 revealed that more than 80% of under-16s continued to use social media platforms three months after the ban was enforced. The findings suggest that while the law has achieved some level of compliance, it has not significantly curtailed access for older children. The report also highlighted that most young users circumvented age restrictions by creating fake profiles or using self-reported age verification methods.

Penalty Increases Align with Competition Laws

The government has proposed escalating the maximum fine for breaches of the social media minimum age law from $49.5 million to $99 million. This adjustment aligns the penalties with those under competition and consumer law, ensuring that tech companies face greater financial repercussions for repeated or widespread non-compliance. The increase is intended to incentivize platforms to adopt more rigorous measures to block underage accounts, particularly as the eSafety commissioner intensifies its oversight role.

Minister Wells emphasized that while the law has made progress in removing over 5 million accounts held by users under 16, the results remain insufficient. She pointed to ongoing challenges, such as platforms using loopholes to bypass restrictions. “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 stated. The minister’s comments underscore the need for stronger enforcement tools and higher penalties to drive compliance.

“I’m heartened by the shift in conversation and the global momentum we’ve seen since introducing the social media minimum age,” said Prime Minister Anthony Albanese. “But it’s clear big tech are not doing enough to comply with the law – there are still too many children on social media.”

The study, published in the BMJ this month, further challenged the effectiveness of the ban. Researchers noted that while two-thirds of participants in the study reported being asked for age verification, only a small percentage actually provided official identification. Most users simply stated their age or uploaded a photo of themselves, methods that were easily manipulated. The report concluded that the law’s impact on reducing social media use among adolescents was minimal, with many young people finding ways to evade restrictions.

According to the study, the Australian ban may be more effective in deterring younger children, such as those under eight, from accessing social media. However, for older minors, the law has struggled to curb usage. About 15% of 12- to 13-year-olds and 19% of 14- to 15-year-olds surveyed admitted to using fake accounts, while 3% relied on virtual private networks (VPNs) to bypass restrictions. These findings highlight the adaptability of tech platforms and the need for continuous improvements in enforcement mechanisms.

Global Implications and Future Directions

The Australian government’s decision to intensify penalties and expand regulatory powers reflects a broader push for digital safety standards worldwide. With the UK and other nations following suit, the country’s pioneering approach has become a model for international policy discussions. However, the latest research indicates that even with these measures, the battle to limit underage access to social media is far from over.

Minister Wells acknowledged the complexity of the issue, noting that tech companies have the resources and influence to navigate regulatory challenges. “We need to ensure that these platforms are not only aware of their responsibilities but also actively working to uphold them,” she said. The government’s reforms aim to address this by granting the eSafety commissioner the ability to demand comprehensive evidence and enforce stricter compliance requirements.

As the debate over online safety continues, Australia’s updated legislation serves as a reminder of the ongoing struggle to balance innovation with protection. While the law has made strides in removing underage accounts, the persistence of circumvention tactics underscores the need for continuous adaptation. The government remains committed to its goal of safeguarding children in the digital age, with the hope that stronger penalties and enhanced oversight will lead to meaningful progress.

With the eSafety commissioner now empowered to demand detailed reports from platforms, the focus shifts toward ensuring that companies take their obligations seriously. The increased fines are meant to act as a deterrent, while the expanded powers allow regulators to hold platforms accountable for their actions. This dual approach is expected to strengthen the overall framework of the social media ban and address the shortcomings identified in recent studies.

As the law moves forward, its success will depend on how effectively tech companies adapt to the new requirements. The government has expressed confidence that the updated measures will drive greater compliance, but challenges remain. The combination of financial penalties and regulatory tools aims to create a more enforceable system, ensuring that the online world becomes safer for the next generation of users.