The Australian government announced on Sunday it would introduce new legislation to double fines to $99 million for platforms that breach the country's social media ban, and grant the eSafety commissioner, Julie Inman Grant, stronger information-gathering powers. The move comes amid research showing that the majority of under-16s are still bypassing age restrictions, with about 80% remaining on social media despite the ban introduced on 10 December.
Experts Call for Enforcement Mode
Catherine Page Jeffery, a senior lecturer in media and communications at the University of Sydney, warned that doubling penalties would have little effect if platforms are not held accountable. "Stronger enforcement mechanisms are clearly needed, but there's no point in doubling the penalty if the regulator doesn't enforce them, and move into the enforcement mode," she said. She argued that a digital duty of care legislation would better protect all users by placing obligations on platforms to ensure safety and transparency around algorithms.
The government has promised to legislate a digital duty of care but is still consulting on its form. The Greens have called for a focus on regulating algorithms rather than just the ban. Greens senator Sarah Hanson-Young stated, "If the prime minister really is serious about staring down the big tech companies, he's got to tackle the algorithms."
Government and Opposition Reactions
Treasurer Jim Chalmers acknowledged tech companies have not been doing enough, saying, "We will strengthen the penalties. We will strengthen the powers of the eSafety commissioner, and that's because we recognise that the future of our kids, the safety of our kids, is too important to let the big tech companies wriggle off the hook." Shadow communications minister Sarah Henderson called the new penalties an "admission of failure" by the government.
The government reported that over 5 million accounts have been removed, deactivated, or restricted since the ban began. However, a study by the Murdoch Children's Research Institute found a direct link between heavy social media use and poor mental health in young people, particularly those aged 12-13, but warned that age-based restrictions alone are unlikely to eliminate all risks. The authors urged holding platforms accountable for algorithms that promote compulsive engagement and harmful content, possibly through Australia's proposed digital duty of care reform.
Expert Opinions on Penalties
Elizabeth Handsley, a Western Sydney University law professor and president of Children and Media Australia, welcomed the increased penalties, saying, "It's nice to think this kind of matter is being treated as seriously as the other kinds of corporate breaches that our law addresses." She added that giving the eSafety commissioner more powers was "worth a try" but questioned whether it would be effective.
TikTok, Snapchat, Meta (owner of Facebook and Instagram), and Google (owner of YouTube) were approached for comment.
