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The first report from the online safety watchdog has revealed significant non-compliance with the minimum-age restrictions on platforms like Facebook, Instagram, TikTok, Snapchat, and YouTube.
“Although social media companies have initiated some measures, I am apprehensive about their efforts to fully comply with Australian law,” expressed eSafety Commissioner Julie Inman Grant.
According to the report, some progress has been observed in the initial three months of the age ban, including the removal of numerous accounts. However, concerning practices still persist on these platforms.
Such practices involve prompting children to verify their age despite having previously indicated they were underage, allowing minors under 16 to repeatedly attempt age verification, lacking effective avenues for reporting age-restricted accounts, and failing to adequately prevent account creation by those under 16.
As a result of these issues, Inman Grant announced that eSafety is now adopting an “enforcement stance” to address the non-compliance.
“Any enforcement action requires sufficient evidence, which takes time to gather,” she said.
“The evidence must establish the platform has not taken reasonable steps to prevent children aged under 16 from having an account.
“That means more than simply demonstrating some children do still have accounts. Rather, the evidence must show the platform has not implemented appropriate systems and processes.”
Platforms found to be non-compliant could face civil penalties of up to $49.5 million, while eSafety can also issue infringement notices and enforceable undertakings.
The platforms mentioned in the new report have been notified.
“Durable, generational change takes time – but these platforms have the capability to comply today and we certainly expect companies operating in Australia to comply with our safety laws,” Inman Grant said.
“They can choose to do so or face escalating consequences, including profound reputational erosion with governments and consumers globally.”
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