Australia plans to increase fines for Big Tech companies and empower its regulator regarding the ban on individuals under 16.

      Six months after Australia became the first nation to prohibit under-16s from using social media, the government has determined that the platforms are not taking this regulation seriously enough and is planning to significantly increase the penalties for non-compliance.

      New legislation announced this week would nearly double the maximum fine for systematic violations, raising it from A$49.5 million to A$99 million, approximately $68 million. Additionally, the eSafety Commissioner would receive enhanced investigative powers, enabling the regulator to request documents and evidence not just from the platforms, but also from age-checking firms and app stores.

      What is particularly significant is the type of documents that could be requested. Under the suggested powers, the commissioner would have the authority to demand internal documents like company board minutes and internal emails—evidence that can transform regulatory suspicion into a solid case. According to the government, the aim is to strengthen the legal actions being prepared against platforms that fail to comply.

      This approach clearly indicates the government's intent. They are not acquiring powers for some uncertain future enforcement; they are gathering them to ensure enforcement occurs and to secure a strong evidentiary basis for doing so.

      The ban commenced on December 10 under the Online Safety Amendment Act, and the government reports that over five million accounts belonging to under-16s have been blocked since its implementation.

      The regulator is currently examining potential breaches by Facebook, Instagram, Snapchat, TikTok, and YouTube, the five platforms central to this regulation. Earlier compliance efforts revealed that these platforms had not taken the "reasonable steps" mandated by law, a finding previously reported when Australia flagged these companies for non-compliance.

      The disparity between high-profile statistics and actual experiences has been a consistent source of embarrassment for the regime. While the deactivation of millions of accounts sounds impressive in a press release, the regulator's own evaluation found that a significant number of children who used social media before the ban still had access afterward, a trend discussed in our examination of why the rule appears to work better on paper than in practice.

      To address this gap, the government is implementing tougher fines and enhanced evidence-gathering methods.

      Communications Minister Anika Wells has been straightforward regarding her views on the platforms’ motives, suggesting they are merely doing the minimum required because they want the laws to fail. The new penalty structure is designed with that mindset in mind: a fine substantial enough that ensuring compliance becomes cheaper than the risk of being found in violation.

      Australia’s initiative is being closely observed beyond its borders. Over a dozen countries have expressed interest in similar restrictions since December, with several, including the UK, considering measures that extend to gaming and AI chatbots in addition to social media feeds. What Canberra does with its enforcement powers now serves as a real-time test of whether such bans can be effectively enforced.

      The legislation has yet to be passed, and the timeline for the increased penalties and expanded powers will hinge on its progress through parliament. The companies have generally stated they are working towards compliance. Australia’s next step will be to ensure it can demonstrate whether they are indeed following the rules.