Changes to the Online Safety Act 2021 now give the eSafety Commissioner stronger powers to investigate whether social media platforms are following the law.
The eSafety Commissioner can require social media companies and third parties, such as age assurance or app store providers, to provide documents and other evidence to show whether age-restricted platforms are following the law.
They can also summon a person to give evidence and answer questions. This could include an executive or former employee of a social media platform.
The changes also increase penalties for platforms that do not meet their obligations. Social media platforms could now face penalties of up to $109.2 million. This brings the maximum penalty in line with consumer and competition law.
The changes also mean the eSafety Commissioner can issue larger fines as an alternative to court proceedings.
A platform could be fined up to $21.8 million for breaches the social media minimum age obligation or if it does not offer an alternative to government ID for age assurance and $364,000 for failing to comply with an information-gathering notice.
Together, these measures give eSafety stronger tools to investigate platforms and hold them to account.
