Australia strengthens under-16 social media law, proposes influencer gambling crackdown

Australia is strengthening its landmark under-16 social media law with tougher enforcement powers and higher penalties, as the government says major platforms are still failing to keep children off their services.

New legislation would double the maximum penalty for systematic breaches of the country's social media minimum age law from A$49.5 million ($34.2m) to A$99 million, bringing it in line with penalties available under Australia's competition and consumer laws.

The legislation would also expand the powers of the eSafety Commissioner, allowing the regulator to compel social media companies to provide evidence of the steps they have taken to prevent under-16s from creating accounts. 

The commissioner would also be able to obtain information from third parties, including age-assurance providers and app stores, to independently verify claims made by platforms about their compliance.

The announcement comes six months after Australia's under-16 social media ban came into force, making it the first country to require major platforms to prevent children under 16 from opening accounts.

Prime Minister Anthony Albanese said the changes reflected the government's determination to enforce what it describes as a world-leading policy.

"It’s clear big tech are not doing enough to comply with the law – there are still too many children on social media," he said.

Communications Minister Anika Wells said she was "not satisfied that tech companies are doing everything they can to keep under-16s off their platforms", accusing some companies of "doing the bare minimum to get by".

The government said more than five million under-16 accounts have been removed, deactivated or restricted since the law took effect. The eSafety Commissioner is currently investigating Facebook, Instagram, Snapchat, TikTok and YouTube over potential non-compliance.

The tougher measures also come as questions remain over how effective social media bans are in practice. Earlier this year, The Daily Influence reported that data shared with Reuters by parental-control software maker Qustodio suggested Australian teenagers continued using platforms including TikTok and Snapchat despite the restrictions.

Australia became the first country to require platforms to block users under 16 from opening accounts, prompting similar proposals elsewhere. The UK's own plans have divided opinion across the creator economy, with platforms, campaigners and industry figures debating how best to protect young people online.

Gambling crackdown

The Australian government this week also proposed banning celebrity and influencer endorsements for betting companies as part of a wider overhaul of the country's gambling advertising rules.

The measures would ban gambling ads during live sport between 6am and 8.30pm, cap television advertising at three adverts an hour during daytime and evening programming, require online ads to be shown only to users aged over 18 with an opt-out option, and prohibit gambling advertising inside sporting venues and on player uniforms.

The proposals would require parliamentary approval before coming into force.