Australia Flags ‘Major Gaps’ in Enforcement of Under-16 Social Media Ban

Australia’s online safety regulator has warned that major social media platforms are failing to effectively enforce the country’s landmark ban on users under the age of 16, raising the prospect of legal action and significant financial penalties.

Regulator Raises Compliance Concerns

The eSafety Commissioner has identified “major gaps” in enforcement across platforms including Meta’s Facebook and Instagram, Snap Inc.’s Snapchat, TikTok and YouTube.

A new compliance report found that while millions of underage accounts have been removed since the law came into effect in December 2025, many children are still able to create or retain accounts or bypass age checks.

Authorities specifically highlighted weak safeguards, including systems that allow unlimited attempts to pass age verification and inadequate tools to report underage users.

Millions of Accounts Removed, but Loopholes Persist

Since the rollout of the world-first regulation, platforms have deactivated roughly five million accounts linked to under-16 users, according to officials.

However, regulators say this progress is undermined by systemic flaws:

• Children creating new accounts after deletion
• Weak or inconsistent age-verification systems
• Lack of effective reporting mechanisms

Industry data also suggests a significant number of minors continue to access platforms despite the ban, raising questions about enforcement effectiveness.

Legal Action and Heavy Penalties on the Table

The eSafety Commissioner is now considering legal action against major platforms, with decisions expected by mid-2026.

Under Australian law, companies that fail to comply could face civil penalties of up to AU$49.5 million per breach.

Officials have signaled a shift from monitoring to stricter enforcement, prioritizing cases that show “systemic failures” in protecting children online.

Government Criticizes Platforms’ Response

Australia’s Communications Minister has accused tech companies of doing “the absolute bare minimum” to comply with the law, suggesting resistance stems from concerns that the policy could be replicated globally.

The legislation, introduced in December, requires platforms to take “reasonable steps” to prevent under-16 users from accessing their services, marking the first nationwide policy of its kind.

Industry Pushback and Challenges

Technology companies have acknowledged the difficulty of enforcing age restrictions online.

Meta said accurate age verification remains a challenge across the industry

Snap Inc. stated it has locked hundreds of thousands of accounts and continues enforcement efforts

Some firms and advocacy groups have questioned whether blanket bans are effective or constitutional

In parallel, legal challenges have already been filed, arguing the law may infringe on freedom of communication.

A Global Test Case for Regulation

Australia’s under-16 social media ban is being closely watched worldwide as governments explore stricter controls on youth access to digital platforms.

While the policy has led to large-scale account removals, regulators now face a critical challenge: ensuring enforcement mechanisms are robust enough to prevent easy circumvention.

The outcome of potential legal action against major platforms could set a precedent for how governments regulate Big Tech in the age of digital safety.