Australia has accused big tech companies of “dirty tricks” and “deliberately failing” to comply with a social media ban for under-16s at least 20 countries are trying to emulate.
Communications Minister Anika Wells issued a warning to social media giants that Australia is “not here to play games” as she tabled amendments to the laws in Parliament on Monday.
The changes will beef up the enforcement powers of the eSafety Commissioner Julie Inman Grant, ratcheting up fines for breaches to $99 million and allowing her to demand more data.
Since the ban launched, Ms Inman Grant has faced several legal battles including disputes with tech giants like X — and looming cases in the High Court.
The strengthening of the Online Safety Bill comes despite the internet regulator failing to issue a single fine, even after multiple warnings were handed out.
Ms Wells said the government was trying to ensure Ms Inman Grant had “as strong as possible” foundations to “to form the strongest possible case” against those defying the ban.
“This means that she has to take these companies to the Federal Court and ultimately a judge will make a decision about whether they are fined,” she said.
“My job as the Minister is to make sure that the laws she can use and emboldening her with the ability to compel documents.”
The eSafety Commissioner is actively investigating non-compliance by five major platforms: Facebook, Instagram, Snapchat, TikTok, and YouTube.
Ms Wells told the Parliament that while the deactivation of five million platforms since the December 10 implementation of the ban was welcome, she “not satisfied” tech firms were doing enough.
“Despite our immense progress, I am not satisfied that tech companies are doing everything they can to keep under 16 off their platforms,” she said.
“The commissioner has found these companies adopting a number of dirty tricks to undermine Australia’s law that are straight out of the big tech playbook.
“It is clear, not just to government, but parents, kids, and teachers around the country that social media companies are deliberately failing to comply with our laws.
“Today, Australia is sending a message to those companies: we see what you’re doing, we are not here to play games. If you want to do business in Australia, you will comply with Australian laws, and if you don’t, you will face the consequences.”
The number of countries which have either created, or committed to create, their own legislation to delay social media grew to 20 on Monday, up from 16 last week.
It includes Indonesia, Malaysia, Brazil, Norway, the United Kingdom, Norway, Gabon, United Arab Emirates, Turkey, Mexico, India, Kazakhstan, and Japan
While the European Union has committed to implementing legislation that delays social media access, Denmark, France, Portugal, Spain, Austria, Italy, Slovenia, Greece, Germany, Belgium, Poland and Finland have all independently joined the list.
Prime Minister Anthony Albanese met with families in Canberra on Monday who had lost their children after experiencing harm online.
He said that while there was work to do, he was”proud” that Australia’s lead had “created a global conversation”.
Mr Albanese also gave a rare thank you to former Liberal leader Peter Dutton, who had first called for the ban in Australia’s Parliament alongside his then Shadow Communications Minister David Coleman.
“I do want to pay tribute to Peter Dutton, the former Leader of the Opposition who backed these reforms,” he said.
Mr Albanese said he hoped the Coalition under new leader Angus Taylor would offer the same level of bipartisan support.
“We’ll be asking for similar support across the Parliament for this legislation from both the Opposition, but crossbenchers as well,” the PM said on Monday.
“This is a national issue. In the interests of our youngest and most vulnerable Australians, we have a responsibility to do what we can to protect them.”
The government’s long awaited Digital Duty of Care is expected to be introduced later this year.
Ms Wells was asked in Question Time about the legislation, which would be more far reaching and protect adults online as well.
Ms Wells said the government wanted the Digital of Duty of Care to put the onus on big tech through “safety-by-design” measures to prevent psycho-social harm to users.
The initial list of platforms included YouTube, Facebook, Instagram, Threads, X, TikTok, Twitch, Snapchat, Reddit, and Kick.
But has since grown to Bluesky, Yubo, Wizz, Lemon8, BigoLive, as well as dating services Tinder, Hinge, OKCupid, Plenty of Fish, Match.com and Azar.
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