High Court Hears Case Against Australia's Under-16 Social Media Ban
A digital rights group and Reddit challenge the constitutional validity of the law, which imposes fines of up to A$99 million on major platforms.
By John Ferrari ·
Legal proceedings to determine the constitutional validity of Australia's social media ban for minors begin at the High Court on Tuesday. The two-day hearing will test the policy introduced in December 2025, which requires ten major platforms to restrict access for users under 16 years old.
The Digital Freedom Project filed the primary challenge a few weeks before the ban took effect on December 10. Led by New South Wales parliamentarian John Ruddick, the group argues the law infringes on children's right to free communication. Noah Jones, one of the two teenagers who initially spearheaded the case, is expected to attend the hearing even though he and Macy Neyland have withdrawn as plaintiffs.
Reddit will have its own challenge heard concurrently. The platform contends the policy has serious implications for privacy and political rights. The combined hearings represent a major legal test of the government's online safety framework, which supporters say protects children from harmful content while critics describe as a blunt instrument.
The law targets Facebook, Instagram, TikTok, YouTube, Reddit, Snapchat, X, Kick, Threads, and Twitch. These companies must take reasonable steps to prevent under-16s from accessing their sites. Fines for serious or repeated breaches can reach A$99 million, equivalent to US$70 million or £52 million. No company has been fined since the ban started, but the eSafety Commissioner has launched investigations into alleged non-compliance by Facebook, Instagram, Snapchat, TikTok, and YouTube.
Meta, which owns three of the banned platforms, reported closing about half a million accounts in the first few days after implementation. However, many users reported easily circumventing the age verification processes, which involve uploading credit card details, photo IDs, or selfies. Platforms such as WhatsApp, Discord, Roblox, YouTube Kids, and Google Classroom are exempt from the restrictions.
Communications Minister Anika Wells stated last November that the government would not be intimidated by big tech. She added that on behalf of Australian parents, the government would stand firm. Jones told the BBC last year that while bad things exist online, a blanket ban was not the right answer. He argued that platforms should use their resources to remove predators and harmful content rather than to avoid government fines.
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