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

Two days of hearings over Australia's social media ban for children under 16 are set to begin in the High Court on Tuesday. The proceedings will bring together challenges from the Digital Freedom Project and Reddit, testing a policy that has become a central part of the government's wider changes to online safety.

The Digital Freedom Project argues that the restrictions deny children their right to free communication. Led by New South Wales parliamentarian John Ruddick, the group filed its constitutional challenge several weeks before the ban took effect on 10 December last year. Reddit has brought a separate case, arguing that the policy carries serious consequences for privacy and political rights. The court will hear the cases jointly.

Noah Jones and Macy Neyland, the two teenagers who initially spearheaded the Digital Freedom Project case, have withdrawn as plaintiffs. Jones is nevertheless expected to attend Tuesday's hearing. Speaking to the BBC last November, he acknowledged that harmful material existed online but opposed a blanket restriction on under-16s. He argued that social media companies should devote their resources to removing predators and harmful content instead of trying to avoid government fines.

Supporters of the ban say it shields children from harmful content, while opponents consider it too broad and argue that the priority should be making online spaces safer. Communications Minister Anika Wells defended the government's position last November, saying it would not be intimidated by legal threats. “On behalf of Australian parents, we will stand firm,” she said.

The rules require Facebook, Instagram, TikTok, YouTube, Reddit, Snapchat, X, Kick, Threads and Twitch to take reasonable steps to prevent anyone younger than 16 from accessing their sites. Serious or repeated breaches can result in penalties of up to A$99 million, equivalent to US$70 million or £52 million. No company has been fined since the restrictions began.

The eSafety Commissioner, which is responsible for enforcement, has opened several investigations into alleged failures to comply by Facebook, Instagram, Snapchat, TikTok and YouTube. The ban does not cover WhatsApp, online gaming sites such as Roblox and Discord, or educational services including YouTube Kids and Google Classroom.

Meta, the owner of three platforms covered by the restrictions, said it shut about half a million accounts during the first few days of the ban. Some children reported losing access shortly before or as the rules came into force. Many others said they could easily get around age checks, which included submitting credit card details, photo identification or a selfie.