Australia is escalating its war on underage social media use. The federal government has announced it will double the maximum penalty for tech companies that breach the country's under-16 social media ban, raising the fine from $49.5 million to a staggering $99 million. This unprecedented move comes as Prime Minister Anthony Albanese accuses major platforms like Facebook, Instagram, Snapchat, TikTok, and YouTube of “not doing enough” to keep children off their sites.
The decision reflects growing frustration in Canberra. Despite the world-first ban introduced on December 10, research indicates that over 80% of under-16s are still accessing social media by bypassing age restrictions. The new penalty aligns with Australia's competition and consumer law, signaling that the government views non-compliance as a serious, systemic failure.
Why the Penalty Increase Matters
The proposed reforms do more than just raise fines. They also strengthen the powers of the eSafety commissioner, who is currently investigating potential breaches by five major tech platforms. Under the new laws, the commissioner can compel social media companies to provide evidence of their compliance efforts, including demanding documents from third-party age assurance providers and app stores.
This shift in regulatory power is critical. Previously, tech companies could argue they were making “best efforts” without proving it. Now, they must show exactly what steps they have taken to prevent under-16s from opening or using accounts. Failure to cooperate could trigger the new $99 million penalty.
Global Momentum for Youth Social Media Bans
Australia is not acting alone. Since passing its landmark legislation, international momentum for similar reforms has surged. The French National Assembly recently passed a law prohibiting social media access for children under 15 without parental consent. The UK government has announced plans for an “Australia-plus” ban for under-16s starting in 2027, with additional restrictions on addictive algorithms.
Other countries considering similar measures include Slovenia, Poland, Spain, Denmark, and Malaysia. This global wave suggests that Australia’s aggressive stance is setting a precedent for how governments can regulate Big Tech in the name of child safety.
Evidence of Circumvention and Limited Impact
Despite the tough talk, early evidence suggests the ban is not working as intended. A study by the University of Newcastle, surveying over 400 adolescents aged 12 to 17, found that the legislation had “limited implementation, incomplete compliance, and substantial circumvention” of restrictions. The government admits that more than 5 million under-16 accounts have been removed or restricted, but the majority of young users are still finding ways to stay online.
This disconnect between policy and reality is driving the tougher stance. The government argues that tech giants have the technology to verify ages accurately but choose not to deploy it effectively. By doubling the penalty and expanding investigative powers, Australia hopes to force a real change in platform behavior.
What This Means for Tech Companies
For platforms like Meta, TikTok, and Snap, the message is clear: comply or pay. The $99 million fine is not a theoretical ceiling—it is a real threat for systematic breaches. Companies must now invest in robust age verification systems, such as biometric checks or government ID scanning, or face severe financial consequences.
The new powers also mean that app store providers like Apple and Google could be dragged into investigations. If they facilitate underage access by hosting apps without proper age gates, they may be required to hand over data to the eSafety commissioner. This expands the regulatory net far beyond social media companies themselves.
FAQ: Australia’s Under-16 Social Media Ban
What is the current penalty for breaching Australia’s social media ban?
The penalty was originally $49.5 million. The government now plans to double it to $99 million for systematic breaches, aligning it with competition and consumer law penalties.
Which platforms are being investigated by the eSafety commissioner?
The commissioner is currently investigating potential breaches by Facebook, Instagram, Snapchat, TikTok, and YouTube. These platforms are accused of not doing enough to stop under-16s from accessing their services.
Has the ban been effective so far?
Research shows mixed results. While over 5 million under-16 accounts have been removed, a University of Newcastle study found that more than 80% of under-16s are still using social media by circumventing restrictions. The government is using this evidence to justify stronger enforcement measures.
