Australia is gearing up to take major tech companies to court over alleged failures to enforce the country’s under-16 social media ban. The government is preparing legal action against Meta, TikTok, Snap, and Google, with Communications Minister Anika Wells stating that regulators are gathering evidence for potential Federal Court cases. The eSafety Commissioner began investigating these platforms in March, following legislation that requires social media companies to take reasonable steps to prevent under-16s from maintaining accounts.
The ban, which took effect in December last year, has proven challenging to enforce. A July report by the eSafety Commissioner found that most underage users could still access social media due to ineffective age-verification systems. In response, the government has doubled the maximum penalty for breaches to 109.2 million Australian dollars ($76 million) and granted regulators new investigative powers, including the ability to demand documents and question employees.
The upcoming legal battle will test what constitutes “reasonable steps” to keep children off restricted platforms. Companies may use behavioral signals, age-estimation technology, or third-party verification services, but detecting underage users after account creation remains a challenge. The outcome could influence how other countries approach social media age restrictions and may lead to stricter age checks for Australian users, raising concerns about privacy and data security.
If the government proceeds with legal action, internal records documenting age-verification methods and enforcement decisions could become crucial evidence. The larger question is whether age restrictions can be enforced effectively without requiring users to surrender more personal information than necessary.