The Australian government has announced a significant escalation in its efforts to regulate social media platforms, particularly concerning users under the age of 16. This decision comes in light of a recent study indicating that over 85% of children in this age group are still accessing social media, often through their own accounts.

To address this issue, the government is implementing two key changes. Firstly, it will double the maximum penalty for systematic breaches of age restrictions from A$49.5 million to A$99 million. This adjustment aligns with penalties available under competition and consumer law, emphasizing the seriousness of compliance. Federal Minister for Communications Annika Wells has expressed her deep concerns regarding social media companies' adherence to these regulations.

Additionally, the eSafety Commissioner, Julie Inman-Grant, has been granted expanded powers to gather information and enforce compliance among major platforms like Instagram, Facebook, Snapchat, TikTok, and YouTube. Previously, Inman-Grant noted that her office lacked the necessary tools to effectively regulate these platforms. The new legislation will allow the eSafety Commissioner to compel social media companies to provide documentation proving their compliance with age restrictions.

Despite these measures, significant gaps remain in the legislation. While the current laws restrict under-16s from having social media accounts, children can still access harmful content without logging in. Furthermore, messaging and gaming apps are exempt from these regulations, leaving children vulnerable to cyberbullying and predation.

Parents are now tasked with monitoring their children's online activities across various platforms, which can be a daunting responsibility. They must also be aware of the limitations of age-assurance technologies and the potential for children to bypass restrictions using VPNs or other methods.

Critics argue that the existing legislation does not adequately address the broader issues of safety and harmful content on social media. In November 2024, the National Children’s Commissioner and the Human Rights Commissioner highlighted that the ban merely scratches the surface of a more complex problem and fails to enhance safety for all users.

Looking ahead, the government plans to introduce a 'digital duty of care' legislation aimed at holding online service providers accountable for the safety of their platforms. This forthcoming legislation will require companies to ensure a safe online environment, monitor harmful content, and provide transparency in their operations. With potential penalties reaching up to A$100 million, the government is taking steps to create a more robust framework for digital safety.

As Australia strengthens its social media regulations, the public awaits the introduction of the digital duty of care, which is essential for ensuring the safety of users in an increasingly complex digital landscape.