Australia’s social media ban has an enforcement problem. These new laws aim to fix it

Elva Etienne/Getty Images In the same week the federal government is preparing to introduce its landmark digital duty of care legislation, it is also returning to some unfinished business: strengthening its social media age restrictions.

On Tuesday, the government will move an amendment through federal parliament to give the eSafety Commissioner stronger powers to investigate whether social media platforms are complying with the minimum age rules.

The changes bring these investigative powers into line with those eSafety already has for other online safety obligations.

Why is the government introducing these laws? Australia’s social media age restrictions came into effect in December last year.

They require major social media platforms to take “reasonable steps” to stop Australians under 16 from holding accounts.

Importantly, the law doesn’t punish teenagers for using designated platforms.

The legal responsibility sits with the platforms to keep them from holding an account.

However, there are already serious questions about platform compliance.

A recent study provides some of the clearest evidence so far.

Researchers followed more than 400 Australian teenagers before and after the restrictions took effect.

Three months in, more than 85% of participants aged under 16 were still using social media platforms covered by the law.

Most were accessing them through their own accounts.

There was certainly some circumvention.

Of those that attempted to use a restricted service, between 15% and 19% reported using a fake account, while 6% to 11% reported accessing social media through a private browser.