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

Two days of hearings will begin at Australia's High Court on Tuesday in a challenge to the country's ban on social media for children under 16, a policy that has been described as world-leading. The constitutional case was filed by the Digital Freedom Project, a digital rights group led by New South Wales parliamentarian John Ruddick, a few weeks before the ban took effect on 10 December last year. The group will argue that the ban robs children of their right to free communication. A separate challenge launched by Reddit will be heard at the same time. The ban, introduced last December, 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 argue it is too blunt an instrument and that efforts should instead focus on improving online safety. Two teenagers who originally spearheaded the case, Noah Jones and Macy Neyland, have since withdrawn as plaintiffs, though Jones is still expected to attend Tuesday's hearing. Speaking to the BBC last November, he said there were bad things online but that 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, which filed its own High Court challenge, argues the policy has serious implications for privacy and political rights. The company has said it shares Australia's goal of protecting young people online but believes there are better and more effective ways to do so. "As we challenge this law in court, we'll continue to comply with it and advocate for more effective youth safety measures," said Reddit's chief communications officer Adam Collins. The government has stood by the policy. Communications Minister Anika Wells said last November that it 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 no one under 16 can access their services. Platforms face fines of up to A$99m (US$70m, £52m) for serious or repeated breaches, but 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. Several services were left out of the ban, including WhatsApp, online gaming sites such as Roblox and Discord, and educational platforms like YouTube Kids and Google Classroom. The ban's early months have seen significant disruption. Meta, which owns three of the banned platforms, said it closed about half a million accounts in the first few days. Some children said they were booted off their accounts around the time the ban started, but many have reported easily circumventing the age checks, which involved uploading credit card details, photo IDs or a selfie.