South Australian Premier Peter Malinauskas has welcomed tougher federal enforcement powers and higher penalties aimed at social media companies that fail to prevent children under 16 from accessing their platforms.
The Albanese Government has announced legislation that would strengthen the powers of the eSafety Commissioner, allowing the independent regulator to compel technology companies to provide evidence of the steps they have taken to enforce Australia’s nationwide social media age restrictions.
The proposed changes would also double the maximum penalty for companies that fail to comply with information gathering notices, lifting fines for systematic breaches from $49.5 million to $99 million.
The measures build on Australia’s under 16 social media ban, which came into effect nationally in December after legislation based on laws originally drafted in South Australia. The rules require platforms including Facebook, Instagram, Snapchat, Threads, TikTok, Twitch, X, YouTube, Kick and Reddit to take reasonable steps to prevent Australians under 16 from creating or maintaining accounts.
The restrictions were introduced in response to growing concerns about the impact of social media on children’s wellbeing, including exposure to harmful content and platform features designed to increase screen time.
According to the South Australian Government, more than five million accounts belonging to Australians under 16 have been removed, deactivated or restricted since the laws took effect. However, governments acknowledge that many children continue to access social media despite the ban.
The new legislation would give the eSafety Commissioner broader authority to seek documents and information directly from social media companies, as well as third parties such as age assurance providers and app stores where relevant. The aim is to verify whether platforms are meeting their legal obligations rather than relying solely on company assurances.
Premier Peter Malinauskas said stronger enforcement was needed to ensure the legislation achieved its intended purpose.
“The evidence is overwhelming. Early access to addictive social media causes our kids harm,” he said.
Mr Malinauskas said millions of Australian children were now better protected but argued that technology companies still needed to do more to keep under 16s off their platforms.
He welcomed the expanded powers for the eSafety Commissioner, saying companies that failed to meet their responsibilities should face tougher financial penalties.
The announcement forms part of a wider package of initiatives introduced by the South Australian Government to address online safety. These include banning mobile phones in public school classrooms, incorporating education about deepfakes into the school curriculum, introducing a media literacy program across all primary schools, and funding programs that encourage parents to delay giving children smartphones.
The proposed federal legislation will need to pass Parliament before the expanded enforcement powers and higher penalties take effect. Technology companies have previously raised concerns about the practical challenges of age verification and the effectiveness of restricting access, while child safety advocates have generally supported stronger measures to improve compliance with the law.
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