Australia to tighten legislation barring under-16s from social media

The Australian government is reviewing its law that prohibits children younger than 16 from having accounts on major social-media platforms, Prime Minister Anthony Albanese told Parliament on Thursday. He said the review is a priority because the existing ban, which took effect on Dec. 10, has not prevented most under-age users from maintaining accounts.

Albanese told the Australian Broadcasting Corp. that officials are asking whether the legislation is as strong as possible and whether eSafety Commissioner Julie Inman Grant has “every power at her disposal.”

Data released by the eSafety office in March indicated that about 70% of children under the age limit still hold accounts on services such as Facebook, Instagram, Snapchat and TikTok. An analysis published in the British Medical Journal found that 85% of Australians aged 12-17 were using platforms that are supposed to be restricted.

“I do think it’s failing,” said Lisa Given, an information-science expert at RMIT University, referring to the current enforcement regime.

Inman Grant has signaled the possibility of legal action against platforms that do not take “reasonable steps” to remove under-age accounts, and companies could face fines of up to 49.5 million Australian dollars if they fail to comply. The regulator’s authority, however, has been described as limited; Inman Grant has said a regulator is only as effective as the tools and resources provided.

Australia was the first nation to enact a blanket ban on youth social-media use, and other countries, including the United Kingdom, Canada, Brazil and Indonesia, are pursuing similar age-based restrictions. Legal experts expect courts to interpret what constitutes “reasonable steps” under the law as the government moves to strengthen enforcement.