Australia doubles penalties and expands eSafety powers under social media age law

The Australian Government has introduced legislation to strengthen enforcement of its minimum age law for social media platforms, expanding the powers of the eSafety Commissioner and significantly increasing penalties for non-compliance.

The reforms are intended to strengthen oversight of platforms operating in Australia that fail to prevent users under the age of 16 from accessing their services.

Under the proposed legislation, the eSafety Commissioner would receive enhanced information-gathering powers, including the authority to compel platforms and relevant third parties, such as age assurance providers and app stores, to provide documents and evidence demonstrating compliance.

The reforms would also substantially increase penalties for failing to comply with information requests and for systemic breaches of the legislation.

The government said millions of accounts belonging to users under 16 have already been removed, deactivated or restricted since the law entered into force.

However, the government argues that some major platforms continue to do only the minimum required, prompting the need for stronger enforcement powers and greater regulatory accountability.

Why does it matter?

The reforms mark a shift from establishing online child safety rules to enforcing them more aggressively. By expanding the eSafety Commissioner’s investigative powers and increasing penalties, Australia is signalling that platforms will face greater accountability if they fail to implement effective age assurance measures.

The legislation also reinforces Australia’s position as one of the most active jurisdictions in regulating children’s online safety. Its approach could influence other countries considering stronger enforcement mechanisms for age verification, platform responsibility and the protection of minors in digital environments.

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