Will children under 16 get in trouble for accessing social media when the ban comes into effect?
A number of Australian children under 16 are expected to attempt to try to bypass the social media ban when it comes into force, but are there any consequences for doing so?
The world-first ban will increase age restrictions for Facebook, Instagram, Threads, Snapchat, TikTok, Reddit, X, YouTube, Twitch and Kick from December 10.
The eSafety Commission will oversee the enforcement and issue any penalties for non-compliance.
Children under 16 will be banned from select social media platforms from December 10. (Getty)
Here is a breakdown of what is at stake if children under 16 access banned platforms.
What are the penalties for children under 16?
The federal government acknowledges that the ban will not be “100 per cent effective” in preventing children under 16 from accessing restricted social media platforms and that they will find their ways around it.
“Some of that is going to happen, but that’s what teenagers do,” eSafety Commissioner Julie Inman Grant said.
The onus, however, lies on social media platforms and not children who bypass the rules.
There is no penalty for children under 16 who access restricted social media platforms, or their parents or guardians.
The eSafety Commission said the ban is about “protecting young people, not punishing or isolating them”.
The federal government acknowledges that the ban will not be “100 per cent effective” in preventing children under 16 from accessing restricted social media platforms. (Getty)
What are the penalties for social media platforms?
Platforms face hefty penalties if they do not take “reasonable steps” to prevent children under 16 from having accounts.
The eSafety Commission defines reasonable steps as enforcing the age restriction in a just and appropriate way, including finding and removing existing accounts, preventing new accounts and workarounds and having processes to correct errors if someone is mistakenly missed or included in the restriction.
If a platform fails to do so, a court can order civil penalties, including fines of up to $49.5 million.
eSafety Commissioner Julie Inman Grant. (The Sydney Morning Herald)
How will these penalties be enforced?
The eSafety Commission will monitor and enforce any penalties for non-compliance in accordance with the law.
It may also pursue court action.
“My powers don’t come into effect until December 10, and that’s when we’ll start gathering information notices, we’ve been working on compliance plans, we’ve been engaging and telling companies,” Inman Grant said.
“We’ve been talking to them for over a year, so this should be a surprise to none of them.”
