Australia’s under-16s social media ban faces legal backlash

Australia’s world-first social media ban for users under 16 will face its first major legal challenge in the High Court today, nearly a year after taking effect.

The policy, which came into effect in December last year, requires social media platforms to take reasonable steps to prevent Australians under 16 from creating or keeping an account. Since then, nearly 5 million social media accounts have been blocked from the 10 affected platforms: Facebook, Instagram, Threads, Snapchat, X (formerly Twitter), TikTok, YouTube, Kick, Reddit and Twitch.

Online giant Reddit and advocacy group the Digital Freedom Project argue the ban is unconstitutional because it excludes young people from civic engagement. Led by Libertarian NSW MP John Ruddick, the Digital Freedom Project is also suing the eSafety commissioner for allowing the ban to place an unreasonable burden on Australia’s implied freedom of political communication.

The Digital Freedom Project argued there was a “fundamental disconnect” between the law’s intention and its reality: many children under 16 had found ways to dodge age-assurance technologies to keep their accounts or create new ones, and that potentially harmful content was still available even without an account.

The group drew global headlines when it named two 15-year-olds as co-plaintiffs in its original contest against the Commonwealth, but the teens were removed from the case over concerns they would be held personally liable for legal costs should the matter fail. While Reddit and the Digital Freedom Project’s legal bids are separate, they are challenging the law on the same constitutional ground and have been joined by the High Court into a single special case.