Australia’s landmark social media ban for children is facing a major legal test as the country’s High Court hears arguments that the policy is unconstitutional and strips youths of their right to free communication. Introduced in December, the restriction prohibits anyone under 16 from accessing ten major platforms, including Facebook, Instagram, TikTok, and Reddit.
Legal Challenges in the High Court
During a Tuesday hearing, online forum Reddit and the Digital Freedom Project argued that the legislation should be struck down. The constitutional challenge was initially filed a few weeks before the ban took effect on December 10, led by New South Wales parliamentarian John Ruddick, who described the policy as censorship to reporters outside the court.
Although two teenagers who originally spearheaded the case, Noah Jones and Macy Neyland, have since withdrawn as plaintiffs without publicly stating their reasons, Jones told media outside the court that children deserve a voice. According to Nine newspapers, Jones stated that children become mere spectators in their own world if they cannot collaborate and share their views.
Reddit also initiated its own legal challenge, arguing the policy has serious implications for privacy and political rights. Reddit chief communications officer Adam Collins said the company shares the goal of protecting young people online, but maintains there are better and more effective methods than a blanket ban. Collins added that while challenging the law, Reddit will continue to comply with it and advocate for better youth safety measures.
Inside the courtroom, Reddit lawyer Perry Herzfeld argued that the law breaches the implied freedom of political expression in Australia’s constitution by blocking children from crucial modern communication channels. Herzfeld described the legislation as ill-thought-out, noting it contradicted the country’s online safety tsar and was rushed through with only 24 hours allowed for public submissions.
Government Defense and Enforcement
Defending the policy outside the High Court in Canberra, Communications Minister Anika Wells stated that the debate over societal acceptance of tech platforms is the most compelling policy question of the current era. Wells emphasized that the government is defending the fundamental Australian democratic right of children to be free from harm against a sustained ideological attack.
Government lawyer Joanna Davidson SC began outlining to the full bench of the High Court why the administration believes social media causes harm to children. Her presentation is scheduled to continue on Wednesday.
Under the regulations, platforms such as Facebook, Instagram, TikTok, YouTube, Reddit, Snapchat, X, Kick, Threads, and Twitch must take reasonable steps to prevent access by users under 16. Companies face fines of up to A$99 million (US$70 million, £52 million) for serious or repeated violations, though no company has been fined since the ban began. Educational tools like YouTube Kids and Google Classroom, along with WhatsApp and gaming sites like Roblox and Discord, were excluded from the restrictions.
The eSafety Commissioner, responsible for enforcing the ban, has opened several investigations into alleged non-compliance by Facebook, Instagram, Snapchat, TikTok, and YouTube. Meta reported closing about half a million accounts in the initial days of the ban, while children affected by the rules reported that age checks involving credit cards, photo IDs, or selfies were easily circumvented.
