Australia's under-16 social media ban faces High Court challenge
Two days of hearings at Australia's High Court will consider a constitutional challenge to the country's world-leading social media ban for under-16s, filed by a digital rights group and heard jointly with a separate case brought by Reddit.
BBC World
Two days of hearings on a challenge to Australia's landmark ban on social media for children will begin at the High Court on Tuesday, in a major test of the world-leading policy.
The Digital Freedom Project, a digital rights group led by New South Wales parliamentarian John Ruddick, will argue that the ban for under-16s robs children of their right to free communication. A separate challenge launched by Reddit will be heard at the same time.
The ban, which took effect on 10 December last year, is a key part of sweeping online safety changes the Australian government has spearheaded in recent years. Supporters say it protects children from harmful content, while critics contend it is too blunt an instrument and that efforts should instead focus on improving online safety.
The constitutional challenge was filed a few weeks before the ban came into force. Two teenagers who originally spearheaded the case, Noah Jones and Macy Neyland, have since withdrawn as plaintiffs, although Jones is still expected to attend Tuesday's hearing.
Speaking about the legal challenge last November, Jones told the BBC that while there were bad things online, a blanket ban for under-16s was not the right answer. "We shouldn't be using the resources and money of these social media platforms to try to avoid fines from our government," he said. "They should be using this money and resources to try to get rid of the predators and harmful content out there."
Reddit also brought its own High Court challenge to the ban, arguing the policy has serious implications for privacy and political rights.
Communications Minister Anika Wells said last November that the government would not be intimidated by legal threats. "We will not be intimidated by big tech. On behalf of Australian parents, we will stand firm," she said.
Under the ban, ten platforms, including Facebook, Instagram, TikTok, YouTube, Reddit, Snapchat, X, Kick, Threads and Twitch, must take reasonable steps to ensure nobody under 16 can access their services. Companies risk fines of up to A$99m (US$70m; £52m) for serious or repeated breaches, though no company has been fined since the ban started. The eSafety Commissioner, the body tasked with enforcement, has launched several investigations into alleged non-compliance by Facebook, Instagram, Snapchat, TikTok and YouTube.
WhatsApp, online gaming sites such as Roblox and Discord, and educational platforms including YouTube Kids and Google Classroom are not covered by the ban. In the first few days after it took effect, Meta, which owns three of the banned platforms, said it had closed about half a million accounts. Some children reported being removed from their accounts around the ban's commencement, but many have said they were able to easily circumvent the age checks, which involved uploading credit card details, photo IDs or a selfie.