The Australian government is taking steps to strengthen its laws that prohibit children under 16 from accessing social media platforms. Prime Minister Anthony Albanese announced that the government is prioritizing this issue, acknowledging the unique challenges posed by digital technologies.
Since the ban was implemented on December 10 last year, evidence has emerged suggesting that the legislation has not been fully effective. Australia was the first country to enact such laws, but other nations, including Britain, Canada, Brazil, and Indonesia, have since followed suit.
Global Trends in Social Media Regulation
Britain recently announced plans to ban children under 16 from various platforms to protect them from harmful content and excessive screen time. Countries like France, Spain, Denmark, Thailand, and South Korea are also studying or developing similar approaches to regulate children’s access to social media.
eSafety Commissioner Julie Inman Grant has been vocal about the need for stronger enforcement. In April, she considered legal action against major platforms like Facebook, Instagram, Snapchat, TikTok, and YouTube for allegedly failing to keep young Australian children off their sites. These platforms, along with others like X, Kick, Reddit, Threads, and Twitch, face fines of up to 49.5 million Australian dollars ($34 million) if they do not take reasonable steps to remove underage accounts.
Challenges in Enforcing the Ban
Lisa Given, an expert in information sciences at Melbourne’s RMIT University, highlighted that the government’s proposed reforms are a response to evidence of the ban’s ineffectiveness. Data released by eSafety in March showed that seven in 10 underage children continued to hold accounts on platforms like Facebook, Instagram, Snapchat, and TikTok. Additionally, a study published in the British Medical Journal found that 85% of Australian 12 to 17-year-olds were using restricted platforms.
Inman Grant acknowledged the challenges she faces in enforcing the legislation, stating that platforms are resisting compliance. She emphasized that a regulator is only as effective as the tools and resources provided. Given suggested that either the eSafety Commissioner needs more powers or a different approach to enforcement is necessary. The courts may ultimately decide what constitutes ‘reasonable steps’ required by law to keep children off these platforms.
Government’s Response and Future Steps
Prime Minister Albanese stated that the government is considering digital duty of care legislation to hold platforms accountable for foreseeable harms caused by content and algorithms. This move is part of a broader effort to enforce the social media ban more effectively. Albanese also noted that the global community is addressing issues related to the impact of algorithms on children, with Australia leading the way in social media regulation.
The government’s actions reflect a growing concern about the digital well-being of young people. As technology continues to evolve, so too must the laws and regulations that govern its use. The Australian government’s commitment to strengthening the social media ban for minors is a significant step in this direction.
