Australia's Under-16 Social Media Ban Faces High Court Challenge

Australia’s pioneering ban on social media for under-16s faces its first major legal test this week, as the High Court begins hearings on whether the law is constitutional. According to the BBC News ^[1], two days of hearings start Tuesday, with challenges from the Digital Freedom Project and Reddit set to be heard jointly. The ban, introduced in December last year, requires ten major platforms to block users under 16.

The Digital Freedom Project, led by New South Wales parliamentarian John Ruddick, argues the blanket ban infringes on children’s rights to free communication, as reported by the BBC ^[1]. Reddit, which is also challenging the law, claims the policy has serious implications for privacy and political rights. ABC News (AU) ^[2] reports that both plaintiffs argue the ban reduces political communication by excluding young people from civic engagement. They contend there is a "fundamental disconnect" between the law’s intent and its reality, noting that many teens still access content without accounts.

The government, represented by Communications Minister Anika Wells, maintains the ban protects children from online harms. Wells stated last November that the government would not be "intimidated by legal threats," according to the BBC ^[1]. The Commonwealth argues that political communication freedoms apply primarily to electors, making any burden on minors indirect and justified. The government also highlights that the rules are targeted and adaptable, as noted by ABC News (AU) ^[2].

Under the law, platforms like Facebook, Instagram, TikTok, and YouTube must take reasonable steps to prevent under-16s from accessing them. Platforms face fines up to A$99 million for breaches, though no fines have been issued yet, the BBC ^[1] stated. The eSafety Commissioner has launched investigations into several platforms for alleged non-compliance. Meta reported closing about half a million accounts in the ban’s first few days, but many users bypassed age checks using credit card details or photo IDs.

Legal experts like Monash University professor Luke Beck suggest the government has a strong case, noting the Commonwealth can regulate online spaces, ABC News (AU) ^[2] reported. Even if the government loses, the policy might not be abandoned entirely. International groups, including the Free Speech Union and NetChoice, have sought to appear as friends of the court. Reddit stated it shares the goal of protecting young people but believes better methods exist. The hearings continue through Wednesday, with the outcome potentially reshaping how Australia regulates online safety for minors.