Australia’s eSafety Commissioner has initiated potential legal proceedings against five major social media platforms—Facebook, Instagram, Snapchat, TikTok, and YouTube—for alleged failures in enforcing the nation’s pioneering age restriction laws. The regulatory action comes as the government asserts these platforms are implementing minimal compliance measures despite legislation that took effect December 10 prohibiting children under 16 from maintaining accounts.
Commissioner Julie Inman Grant’s office released its inaugural compliance report revealing that while approximately 5 million Australian accounts have been deactivated since the law’s implementation, a substantial number of underage users continue to access platforms through various circumvention methods. The report identified “significant concerns” regarding half of the ten platforms subject to the legislation, with evidence gathering underway against the five named companies.
The regulatory body has documented problematic practices including systems that permit unlimited attempts to bypass age verification and mechanisms that prompt underage users to retry verification even after self-declaring as minors. Platforms found in systemic violation face potential fines reaching AU$49.5 million (approximately US$33 million).
Communications Minister Anika Wells accused the non-compliant platforms of deliberate resistance, stating: “Social media platforms are choosing to do the absolute bare minimum because they want these laws to fail. We’re the first in the world to do this—of course they don’t want these laws to work.”
Company responses varied significantly. Meta acknowledged the industry-wide challenge of age verification while committing to compliance. Snap reported locking 450,000 accounts with ongoing daily enforcement. TikTok declined comment, while Alphabet (YouTube’s parent company) did not immediately respond.
Legal experts anticipate courts will determine what constitutes “reasonable steps” in age verification, particularly given technological limitations. RMIT University information sciences expert Lisa Given noted the central question becomes whether platforms should be held accountable for imperfect verification systems.
Concurrently, constitutional challenges have emerged with Reddit and the Digital Freedom Project filing suits claiming the law infringes on Australia’s implied freedom of political communication. A preliminary hearing is scheduled for May 21.