Australia to Bolster Laws Restricting Children's Social Media Access

Australia is preparing to enhance its legislation that bans individuals younger than 16 from social media platforms, Prime Minister Anthony Albanese announced. The move comes as observers note that the ban, implemented on December 10 of the previous year, has not achieved its intended effect.

Albanese stated in Parliament on Thursday that the government is actively exploring options to reinforce the ban. "We're working on that as a priority because this is something that other generations didn't have to deal with, which is why it's complex," he said. He further elaborated in a Friday interview with the Australian Broadcasting Corp. that the government is evaluating whether the laws are sufficiently robust and if the eSafety Commissioner, Julie Inman Grant, possesses all necessary powers.

Australia was the first nation to enact legislation restricting youth access to social media, with other countries subsequently adopting similar measures. Britain recently revealed plans to prohibit children under 16 from various platforms, citing concerns about harmful content and excessive screen time. Canada, Brazil, and Indonesia have also introduced age-based restrictions or requirements for children's social media use, while France, Spain, Denmark, Thailand, and South Korea are among nations considering comparable approaches.

In April, Inman Grant indicated she was contemplating legal action against platforms including Facebook, Instagram, Snapchat, and YouTube, alleging insufficient efforts to prevent underage Australian children from creating accounts. These platforms, along with X, Kick, Reddit, Threads, and Twitch, could face fines of up to 49.5 million Australian dollars ($34 million) if they fail to implement reasonable measures to remove accounts belonging to young children.

Experts suggest the government's proposed reforms are a response to evidence indicating the ban's shortcomings. Data released by the eSafety Commissioner in March showed that seven out of ten underage children continued to hold accounts on platforms like Facebook, Instagram, Snapchat, and TikTok after the ban's introduction. A study published in the British Medical Journal indicated that 85% of Australian adolescents aged 12 to 17 were using restricted platforms.

Lisa Given, an expert in information sciences at RMIT University in Melbourne, commented that "I do think it's failing" and noted reports from children who also perceive the initiative as unsuccessful. The Sydney Morning Herald reported Inman Grant stating in early June that "I don’t have potent powers" and that a regulator's effectiveness is contingent on the "tools and the resources that they're given."

Given highlighted the challenges in enforcing legislation against platforms that may be resisting compliance. "Either the eSafety Commissioner needs more powers or we've got to have some other approach to enforcement," she said. She anticipates that courts may eventually need to define what constitutes "reasonable steps" for platforms to keep children off their services.

In parallel with strengthening the social media ban, Albanese's government intends to proceed with digital duty of care legislation. This proposed law aims to hold platforms accountable for foreseeable harms resulting from their content and algorithms.