‘Major gaps’ in u16 social media enforcement: eSafety

The eSafety Commission’s first report on the under-16s social media ban has found Tiktok, Facebook, Instagram, Snapchat, and Youtube have “major gaps” in their compliance with the law.

The eSafety Commissioner Julie Inman Grant appeared on Nine’s Today this morning, where she expressed “significant concerns” regarding the current levels of compliance.

Since December 10, the law requires that Australians under 16 be denied access to social media platforms, including Tiktok, Snapchat, Instagram, Facebook, Threads, X, Youtube, Reddit, Twitch, and Kick. The onus on policing the legislation lies with the platforms.

“While social media platforms have taken some initial action, I am concerned through our compliance monitoring that some may not be doing enough to comply with Australian law,” Grant said. She warned that eSafety is shifting towards an “enforcement stance” that may see the tech giants hit with fines of up to $49.5m for non-compliance.

The report, due to be issued on Tuesday, notes the platforms had some initial progress in the first three months of the ban, they haven’t kept pace. It notes some platforms continue to push underaged users towards the age assurance tools despite previously declaring themselves to be under 16, and don’t feature an “accessible or effective” system to report suspected underaged account holders.

“Any enforcement action requires sufficient evidence, which takes time to gather,” Grant said.

“The evidence must establish the platform has not taken reasonable steps to prevent children aged under 16 from having an account. That means more than simply demonstrating some children do still have accounts. Rather, the evidence must show the platform has not implemented appropriate systems and processes.

“Durable, generational change takes time – but these platforms have the capability to comply today and we certainly expect companies operating in Australia to comply with our safety laws.

“They can choose to do so or face escalating consequences, including profound reputational erosion with governments and consumers globally.”

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