The Australian government is preparing to sue Facebook, TikTok, and other major digital platforms for alleged non-compliance with the national ban on the use of social networks by people under 16 years old, said Communications Minister Anika Wells.
The country’s Online Safety Commissioner, the eSafety Commissioner, reported in March that it was investigating Facebook and Instagram, both owned by Meta, as well as TikTok, Snapchat, and YouTube, for possible non-compliance with the legislation. The law requires companies to take reasonable steps to prevent underage individuals from maintaining accounts on social networks, as part of the effort to protect them from harmful content.
Questioned in an interview in Sydney about the possibility of legal action against the five platforms, Wells replied: “Yes.” According to her, although the decision does not rest directly with her office, that is the expected outcome.
An eSafety report released in July concluded that the majority of underage users managed to retain or create new accounts on the platforms, mainly due to the lack of effective age-verification mechanisms.
Since the unprecedented ban took effect almost a year ago, the government has doubled the maximum penalty for non-compliance to A$109.2 million (US$76 million). It has also expanded the investigative powers of Commissioner Julie Inman Grant, including the ability to demand documents from companies and summon current and former staff to provide testimony.
“Now she has more powers to gather the evidence necessary to bring these five companies to the Federal Court,” Wells said. “She is using these powers to prepare the case.”
Last week, the minister stated that the companies are not doing enough to comply with the age restrictions imposed by the legislation.
“The law is not failing. The platforms are failing to comply with the law,” Wells said in a speech to the National Press Club. “We will not hesitate to hold technology companies accountable.”
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