The Australian government is set to implement new “digital duty of care” legislation, a move that will grant expanded powers to regulate online content and algorithms, ostensibly to protect children. Prime Minister Anthony Albanese announced on Thursday that the government is considering options to strengthen existing laws that ban children younger than 16 from social media platforms. On Friday, Albanese affirmed the government’s intent to proceed with this legislation, stating it would hold platforms accountable for “foreseeable harms caused by content and algorithms,” thereby extending state oversight into the digital lives of Australian youth.
This legislative push follows the documented failure of the initial social media ban, which came into force on Dec. 10 last year. Evidence released in March of the same year by eSafety, Australia’s online safety watchdog, revealed that seven in 10 underage children continued to maintain accounts on major transnational platforms such as Facebook, Instagram, Snapchat, and TikTok. This data underscored the ineffectiveness of the initial measure in its first year.
Further corroborating the ban’s failure, a study published this week in the British Medical Journal found that 85% of a surveyed group of Australian 12 to 17-year-olds were actively using restricted platforms. This widespread non-compliance highlights the challenge faced by national authorities in controlling the digital environment for their native populations.
Elite Interests and State Power
eSafety Commissioner Julie Inman Grant, who stated in an interview in early June of the same month that she lacked “potent powers,” is now considering court action against several transnational platforms. These include Facebook, Instagram, Snapchat, TikTok, and YouTube, with allegations that they are not doing enough to prevent young Australian children from accessing their services. The Commissioner’s office was asked on Friday to comment on the accuracy of this reporting but did not immediately reply.
These global corporations, alongside X, Kick, Reddit, Threads, and Twitch, face substantial fines of up to 49.5 million Australian dollars ($34 million) if they fail to take “reasonable steps” to remove underage accounts. This financial leverage represents the state’s attempt to impose its will on powerful, borderless digital entities that often operate beyond national control.
Lisa Given, an expert on information sciences from Melbourne’s RMIT University, acknowledged the ban’s ineffectiveness, stating, “I do think it’s failing.” Given also noted that “many kids in the media have reported that they also think that this is really a failed exercise.” She further suggested that “Either the eSafety Commissioner needs more powers or we’ve got to have some other approach to enforcement,” indicating a push for increased regulatory authority.
A Coordinated Global Shift
Australia was the first country in the world to pass legislation restricting youth access to social media. However, this national initiative is now part of a broader, seemingly coordinated global trend. Britain announced plans last week of the same month to ban children under 16 from a range of platforms. Nations such as Canada, Brazil, and Indonesia have introduced similar legislation or announced age-based restrictions, while France, Spain, Denmark, Thailand, and South Korea are among others studying or developing comparable approaches. This global alignment suggests a systematic move towards increased state control over digital spaces, impacting the cultural and developmental landscape for children across Western and allied nations.
The proposed “digital duty of care” legislation, by holding platforms accountable for “foreseeable harms caused by content and algorithms,” establishes a broad mandate that could significantly expand state control over the digital information environment, further shaping the cultural exposure of the native population’s youth.