Australia to Sue Meta and TikTok for Failing to Enforce Under-16s Social Media Ban

A smartphone screen displays a folder labeled "Social Media" containing icons for Facebook, TikTok, Instagram, WhatsApp, and YouTube, with the Australian flag blurred in the background.

Australia is set to sue all major social media companies, accusing them of failing to enforce a national ban on users under 16 and allowing children to remain on their platforms.

Australia’s “world-first” law banning social media use for children under 16 came into effect in December.

But Australia’s government will now take legal action against Facebook, Instagram, TikTok, Snapchat, and YouTube for alleged non-compliance with a nationwide social media ban for under-16s after the country’s online safety regulator found many children still had active accounts. A report found that most underage social media users had either kept their existing accounts or opened new ones, in large part because platforms lacked effective age-verification measures.

In an interview with Bloomberg on Monday, Australia’s Communications Minister Anika Wells was asked if legal action can be expected against the five social media platforms. Wells answered “Yes.” She added: “It’s not my decision, but I would expect it.”

Bloomberg reports that since Australia’s world-first ban came into force almost a year ago, the government has doubled the maximum penalty for breaches to $76 million (109.2 million Australian dollars). The government also expanded eSafety Commissioner Julie Inman Grant’s investigative powers, allowing her to demand documents from social media companies and require current or former employees to answer questions as part of efforts to hold the platforms accountable.

“Now she has more powers to be able to gather the evidence that she needs to take those five companies to the Federal Court,” Wells tells the news outlet. “She’s now using those powers to prepare her case.”

Australia’s efforts to enforce its under-16s social media ban are being closely watched by other countries around the world that are following its lead in introducing similar restrictions.

The news comes months after Australia announced plans to introduce another world-first social media law by allowing people the choice to opt out of content recommended by algorithms.The initiative, dubbed “My Feed, My Way,” is intended to “empower” people online and allow them to have greater control over their social media feeds.

Last month, the U.S. criticized Australia’s proposal to give users the ability to opt out of social media algorithms, saying it amounts to “censorship of protected speech”.


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