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eSafety Commissioner prepares court action against five platforms for failing to prevent underage users from holding accounts.
Australia’s eSafety commissioner will be pursuing legal action against Facebook, Instagram, Snapchat, TikTok and YouTube for not complying with new laws that prevent users aged 15 and below from using their platforms. The enforcement threat comes after eSafety commissioner Julie Inman Grant released the first report on compliance since the new age restriction laws went into effect on 10 December 2025. This outlines her “significant concerns” about the compliance of these five major social media platforms with eSafety, by providing evidence that none of these platforms had taken “reasonable steps” to eliminate underage registration and/or retention of underage users’ accounts.
The report revealed that while 5 million Australian accounts had been deactivated, substantial numbers of children continued creating new accounts and circumventing age assurance systems. The eSafety Commissioner's office documented poor industry practices, including platforms allowing unlimited verification attempts and re-prompting users to pass age checks after they declared themselves underage.
The potential financial consequences are substantial. Courts have authority to impose fines up to 49.5 million Australian dollars (approximately $33 million USD) for systemic compliance failures. The eSafety Commissioner indicated a decision on whether to pursue legal action would be made by mid-year. Meta, which owns Facebook and Instagram, stated its commitment to compliance while emphasizing that age verification remains "a challenge for the whole industry." Snap Inc. reported locking 450,000 accounts in accordance with the legislation. TikTok and Alphabet Inc., which owns YouTube, did not immediately respond to inquiries.
Legal experts suggest courts will ultimately determine what constitutes "reasonable steps" under the legislation. Lisa Given, an information sciences expert at RMIT University, noted that platforms might argue their age assurance technologies, while imperfect, represent reasonable compliance efforts. The enforcement action unfolds amid constitutional challenges to the law itself. Reddit filed a High Court challenge on Friday, joining a case previously filed by the Digital Freedom Project, both arguing the legislation infringes on Australia's implied freedom of political communication.
Business Honor views Australia's enforcement action as a strategic shift toward stricter platform accountability.
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