Communications Minister Anika Wells says eSafety’s compliance report shows social media giants are trying to get around the under 16s ban. Photo: Chris Johnson.
Five social media platforms are being investigated for non-compliance with the Federal Government’s ban on accounts for under 16s, as cyberbullying continues at the same rate as before the ban took effect.
The eSafety Commission has issued the first compliance report since the ban came into effect on 10 December last year, which shows that Facebook, Instagram, TikTok, Snapchat and YouTube have some explaining to do.
“Despite overall reductions in account ownership, a substantial proportion of children under 16 retained accounts on age-restricted platforms,” the report states.
“Of the parents who reported their child had an account on each platform prior to 10 December 2025, around seven in 10 reported that their child still had an account on Facebook (63.6 per cent), Instagram (69.1 per cent), Snapchat (69.4 per cent), and TikTok (69.3 per cent).
“Around three in 10 reported that their child no longer had an account. One in two of these parents (48.5 per cent) reported that their child still had an account on YouTube following the age restrictions coming into effect.”
The eSafety Commissioner Julie Inman Grant said insights gained from a range of sources showed major gaps in compliance remained.
The eSafety Commission has observed a number of poor practices, including the social media platforms prompting children to attempt age assurance even where their declared age prior to 10 December 2025 was under 16.
Other concerning observations include enabling children aged under 16 to repeatedly attempt the same age assurance method to ultimately obtain a 16+ outcome; failing to provide accessible or effective pathways for reporting age-restricted accounts; and insufficient measures to prevent new under 16 accounts being created.
“While social media platforms have taken some initial action, I am concerned through our compliance monitoring that some may not be doing enough to comply with Australian law,” Ms Inman Grant said.
“As a result, we are now moving into an enforcement stance. Any enforcement action requires sufficient evidence, which takes time to gather.
“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.”
There are a number of enforcement powers available to eSafety, including infringement notices, enforceable undertakings, public Platform Provider Notifications and civil penalties of up to $49.5 million.
Communications Minister Anika Wells, however, is livid and said she expected eSafety to act decisively and harshly against any social media companies found to be flouting the law.
“If eSafety finds these companies have systemically failed to uphold their legal obligations, I expect the commissioner to throw the book at them,” the Minister said.
“All of the platforms covered by our social media minimum age requirement said they would respect the law. If these companies want to do business in Australia, they must obey Australian laws.
“Under 16s should not be able to keep scanning their face until they crack age assurance techniques.
“Under 16s should not be able to immediately open another account once they have been kicked off their original account and parents should be able to report underage use without being asked to sign a legal letter.
“None of this is impossible; none of this is even difficult for big tech, which are innovative billion-dollar companies.”
Ms Wells noted that about five million social media accounts have been deactivated or removed in the first three months of the ban, but conceded many thousands of kids still had accounts.
Almost one third of children under 16 are still using social media accounts.
“That isn’t the law failing, that isn’t Australian parents or Australian kids not complying, that is big tech taking the piss, to be honest,” the Minister said.
The compliance report also noted that eSafety had “not observed a notable change in the number of cyberbullying and image-based abuse complaints” involving age-restricted accounts across the platforms in January and February 2026 when compared to the same period in 2025.
Shadow communications minister Sarah Henderson has accused the government of failing to keep children safe online.
“Labor’s social media ban is riddled with defects and does nothing to mitigate the harm caused to thousands of children who are either dodging the ban or fall outside its scope,” Senator Henderson said.
“Why isn’t Labor taking action on technology which can be installed on devices to combat child sexual abuse material?
“The social media ban shows the government is big on announcements, hopeless on implementation and missing in action on tough policy solutions.
“The Albanese government rushed out a social media ban, but it never did the hard work to make it work in the real world.
“When it comes to protecting children online, Anika Wells is all talk and far too little action.”
Original Article published by Chris Johnson on Region Canberra.
