Australia's under-16s social media ban faces High Court legal challenges

Summarised from 5 outlets · Updated 3 Nov, 10:32 · Archive

Australia's social media ban for under-16s is being legally challenged in the High Court on grounds of constitutional rights and free speech.

Australia's landmark social media ban for under-16s is facing its first significant legal challenge in the High Court, almost a year after the policy took effect in December. Two days of hearings began on Tuesday with challenges from Reddit and the Digital Freedom Project, an advocacy group led by New South Wales parliamentarian John Ruddick.

Reddit argues the ban is unconstitutional on multiple grounds. The company's counsel told the court the Australian government rushed through "ill-thought-out, over-broad legislation" within a week with only 24 hours for public submissions. Reddit highlights enforcement problems and questions the policy's effectiveness, pointing to a study published in August finding little evidence that teenagers have stopped using social media despite the ban.

Reddit also contends the ban is actually more dangerous, since registered accounts come with built-in safety features. When platforms delete underage users' accounts, young people can still access content without logging in, potentially exposing them to harmful material without those protections. Reddit submitted that there is no "scientific consensus" about the harms of social media to justify such sweeping restrictions.

The Digital Freedom Project challenges the ban on the grounds that it breaches teenagers' constitutional right to free communication and impinges their ability to participate in political discourse. Two teenagers who initially spearheaded the case, Noah Jones and Macy Neyland, have withdrawn as plaintiffs, though Jones is expected to attend the hearing. Jones previously told the BBC that whilst there are harmful things online, a blanket ban was not the right answer.

The government introduced new rules in March this year to clarify what counts as a social media platform under the law, requiring features such as logged-in accounts, recommendation systems or endless scroll. The Australian government says the ban protects children from graphic content and online predators. Supporters argue it is necessary for child safety, whilst critics contend efforts should instead focus on improving online safety more broadly.

How it is being reported

• Australia's social media ban challenged by Reddit and rights group in courtAustralia's landmark social media ban for under-16s faces challenges in court over accusations that it amounts to censorship and creates privacy issues.Sky News · 3 Nov, 13:40
• Reddit is challenging Australia’s ‘inept’ social media ban for under-16sReddit is challenging Australia’s social media ban and trying to overturn it in court.TechRadar · 3 Nov, 12:53
• Australia’s High Court hears bid to overturn under-16s social media banOnline giant Reddit and advocacy group Digital Freedom Project argue ban is unconstitutional.Al Jazeera · 3 Nov, 06:59
• Australia rushed through ‘ill-thought-out’ under-16s social media ban, Reddit argues as high court challenge beginsReddit challenges ban on grounds it impinges implied freedom of political communications for teens The Australian government’s rush to pass the under-16s social media ban legislation in 2024 led to “ill-thought-out, over-broad legislation” that has since been narrowed after Reddit sued the government, lawyers for the social media company told the high court on Tuesday. Reddit, one of the top ten websites visited in the world, has challenged the under 16s social media ban on the grounds that it impinges the implied freedom of political communications for teens under 16. Continue reading...Guardian World · 3 Nov, 04:04
• Legal challenge to Australia's social media ban to start in High CourtA rights group will argue the world-leading policy robs under-16s of their right to free communication.BBC News · 2 Nov, 19:12

In this story: Australia · Digital Freedom Project · Reddit · John Ruddick · Noah Jones · Anika Wells

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