While Australian kids under 16 are likely to attempt sidestepping the new social media restrictions, what repercussions could they face?

This pioneering legislation, effective December 10, will raise the age limit for accessing social platforms like Facebook, Instagram, Threads, Snapchat, TikTok, Reddit, X, YouTube, Twitch, and Kick.

The eSafety Commission is tasked with overseeing the implementation of these rules and will be responsible for issuing penalties if they are violated.

Here’s a detailed look at the potential consequences if minors under 16 navigate their way onto restricted social networks. 

The federal government concedes that the ban won’t be foolproof in keeping children under 16 off these platforms, as they are likely to find methods of circumventing the restrictions.

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”.

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.

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.”