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TL;DR

Australia has announced it will double the maximum penalty for social media companies violating its under-16 ban from approximately $49.5 million to $68 million. The government is also empowering regulators to enforce compliance more stringently. The move aims to curb underage social media use, but effectiveness remains under review.

The Australian government has announced it will **double the maximum penalty** for social media companies violating its law banning under-16s from creating accounts, increasing fines from approximately **$49.5 million to $68 million** AUD. This change underscores the government’s commitment to enforcing its pioneering online safety legislation and aims to compel compliance among major platforms.

In a recent press release, the Australian government stated that the **new penalty threshold** reflects the seriousness with which it views violations of the social media age restriction law. Prime Minister Anthony Albanese emphasized that big tech companies are not doing enough to comply, prompting the increase in fines. Alongside this, the government is granting the eSafety Commissioner, Julie Grant, **expanded enforcement powers**, including the authority to demand evidence of compliance from social media firms and third-party app stores.

Since the law’s implementation in December, authorities report that more than five million under-16 accounts have been removed, deactivated, or restricted. However, recent studies, including a survey by the Molly Rose Foundation and a report from the University of Newcastle, suggest that **a significant proportion of Australian teens under 16 still access social media**, with estimates of over 85 percent remaining active on these platforms.

At a glance
updateWhen: announced March 2024
The developmentThe Australian government has doubled the maximum penalty for social media companies breaching its under-16 ban, from $49.5 million to $68 million, and enhanced enforcement powers.

Legal and Regulatory Impact of Penalty Increase

This move signals Australia’s intent to **strengthen online safety enforcement** and set a precedent for other nations considering similar measures. The increased fines and expanded powers aim to **deter social media companies** from non-compliance, potentially leading to more rigorous age verification processes. However, the effectiveness of these measures in significantly reducing underage social media use remains uncertain, given current reports of ongoing access among teens.

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Background on Australia’s Under-16 Social Media Ban

Australia became the first country globally to **implement a social media ban for users under 16** in December 2023, requiring platforms to restrict account creation for minors. The law also includes strict penalties for violations, with initial fines capped at approximately **$49.5 million AUD**. Since then, authorities have actively investigated compliance, removing millions of underage accounts, but recent surveys indicate that **many teens continue to access social media** despite the restrictions.

Previous efforts to curb underage social media use have faced challenges, with studies showing persistent access. The government’s latest move to **double penalties and expand enforcement** aims to address these issues more effectively.

“It’s clear big tech are not doing enough to comply with the law.”

— Australian Prime Minister Anthony Albanese

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Unclear Effectiveness of Increased Penalties

It remains uncertain whether the doubling of fines and enhanced enforcement powers will significantly reduce underage social media access. Despite the government’s efforts, recent studies suggest many teens still use platforms like TikTok, Instagram, and Snapchat. The actual impact of the increased penalties on corporate compliance and teen behavior is still being evaluated.

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Next Steps in Enforcement and Monitoring

The Australian government is expected to continue monitoring compliance, with ongoing investigations into major platforms. The eSafety Commissioner will likely publish reports on enforcement outcomes, and further legislative or regulatory adjustments could follow if compliance remains inadequate. Additionally, social media companies may need to overhaul their age verification systems to meet the new standards.

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Key Questions

Will the increased penalties deter social media companies from non-compliance?

It is uncertain whether the doubling of fines will significantly influence corporate behavior, but it signals a stronger regulatory stance and may encourage better compliance efforts.

Are teens still able to access social media despite the ban?

Recent studies suggest that a large proportion of Australian teens under 16 continue to access social media platforms, indicating ongoing challenges in enforcement.

What powers does the eSafety Commissioner now have?

The commissioner can demand evidence of compliance from social media companies and third-party providers, and investigate potential violations more effectively.

Could other countries adopt similar measures?

While Australia’s approach is pioneering, other nations may consider similar legislation, especially if enforcement proves effective.

What happens if social media companies are found non-compliant?

They could face fines up to $68 million AUD under the new regulations, along with increased scrutiny and potential legal action.

Source: Engadget

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