Australia’s under-16 social media ban faces High Court challenge
Reddit and a digital rights group argue the policy limits free political communication, as the case opens before the country's top court.
Key points
- Australia's High Court begins two days of hearings on Tuesday on challenges to the under-16 social media ban.
- The Digital Freedom Project and Reddit say the ban limits free communication and political rights.
- The government argues the ban reduces harm, and it disputes the group's right to bring the case.
- No platform has been fined so far, though several investigations are under way.
- Prime Minister Anthony Albanese says more than 5 million accounts have been suspended.
Australia’s highest court will hear two days of challenges to the country’s social media ban for children on Tuesday and Wednesday, according to BBC News. The ban stops under-16s from holding accounts on major platforms. It is one of the most closely watched online safety measures in the world.
The first challenge comes from the Digital Freedom Project, a group led by New South Wales state MP John Ruddick. The group argues that the ban takes away the right of young people to communicate freely. Reddit has filed a separate challenge, and the two cases will be heard together, as reported by The Guardian.
What the challengers are arguing
Australia has no guaranteed right to freedom of speech. The main question for the court is whether the ban unlawfully restricts the implied freedom of political communication. Reddit says many people, including teenagers, use the site to get news and political information. It points to its Ask Me Anything sessions, where users have put questions to politicians and candidates.
Reddit also says teenagers would be unable to post about politics, comment on political content, or follow the accounts of the youth wings of major parties. The Digital Freedom Project has made many similar arguments. It says some of its members are between 13 and 15 years old.
The case has already changed shape. The group first relied on two teenagers, Noah Jones and Macey Nyland, as lead plaintiffs. BBC News reports that both have since withdrawn, although Jones is still expected to attend the hearing. The Guardian reports that concerns about possible legal costs were a factor in the withdrawal.
The government’s response
The federal government says the law aims to reduce the risk of harm to under-16s from features such as algorithms, infinite scrolling, constant notifications and likes. It also argues that the Digital Freedom Project has no standing to bring the case, because the group has not shown that the ban affects any of its activities.
Communications Minister Anika Wells has said the government will not be pushed back by legal threats from technology companies. Under the rules, ten platforms must take reasonable steps to stop under-16s from using their services. These include Facebook, Instagram, TikTok, YouTube, Reddit, Snapchat, X, Kick, Threads and Twitch.
Enforcement and disputed figures
Platforms can face fines of up to A$99 million, about US$70 million or £52 million, for serious or repeated breaches. However, BBC News reports that no company has been fined since the ban began. The eSafety Commissioner, Julie Inman Grant, has opened several investigations into possible non-compliance by Facebook, Instagram, Snapchat, TikTok and YouTube.
Prime Minister Anthony Albanese has said that more than five million accounts across the ten services have been suspended. The opposition has questioned whether that figure is inflated. The government has not released a breakdown by platform. Meta, which owns three of the banned platforms, said early on that it had closed about half a million accounts.
Many children have said they were able to get around the age checks, which asked for credit card details, photo identification or a selfie. Legal experts remain divided on whether the challengers will succeed. Other countries are watching the case closely as they consider similar rules.
Frequently asked questions
When does the High Court hear the challenge to Australiau0026#039;s social media ban?
Hearings begin on Tuesday and run for two days, according to BBC News. The Guardian reports that the sessions are on Tuesday and Wednesday of that week.
Who is challenging the ban?
The Digital Freedom Project, led by New South Wales MP John Ruddick, and the platform Reddit have both filed challenges. The two cases will be heard together.
Has any platform been fined under the ban?
BBC News reports that no company has been fined since the ban started. The eSafety Commissioner has launched several investigations into possible non-compliance.
Sources
- BBC News: Legal challenge to Australia's social media ban to start in High Court
- The Guardian: Reddit and libertarian group challenge Australia’s under-16s social media ban in high court
This article was written with the help of AI from reports by the outlets listed above. See our Editorial Policy. Spotted a mistake? Tell us.
