Legal challenge to Australia's social media ban to start in High Court
A rights group will argue the world-leading policy robs under-16s of their right to free communication.
Legal challenge to Australia’s social media ban set to begin in High Court
Two days of hearings over a challenge to Australia’s landmark social media ban for children are due to open at the nation’s highest court on Tuesday.
In a major test of the world-leading policy, a digital rights group will argue that the ban on under-16s strips children of their right to free communication. A separate challenge brought by Reddit will be heard at the same time.
Introduced last December, the ban is a central element of the sweeping online safety reforms the Australian government has driven in recent years.
Supporters say the measure shields children from harmful content, while critics argue it is too blunt and that the focus should instead be on improving online safety.
The constitutional case in Australia’s High Court was lodged by the Digital Freedom Project a few weeks before the ban took effect on 10 December last year. The group is led by New South Wales parliamentarian John Ruddick.
Two teenagers who initially led the case, Noah Jones and Macy Neyland, have since stepped back as plaintiffs, although Jones is still expected to be present at Tuesday’s hearing.
Discussing 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 solution.
"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 has also brought a High Court challenge to the ban, saying the policy has major consequences for privacy and political rights.
Communications Minister Anika Wells said last year 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 last November.
Under the ban, ten platforms - Facebook, Instagram, TikTok, YouTube, Reddit, Snapchat, X, Kick, Threads and Twitch - must take "reasonable steps" to make sure no one under 16 can access their sites.
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 began.
The eSafety Commissioner, which is responsible for enforcing the ban, has opened several investigations into alleged non-compliance by Facebook, Instagram, Snapchat, TikTok and YouTube.
WhatsApp and online gaming platforms such as Roblox and Discord were excluded from the ban, as were educational services like YouTube Kids and Google Classroom.
In the first days after the ban took effect, Meta - which owns three of the banned platforms - said it had shut down about half a million accounts.
Some children said they were locked out of their accounts in the days before and when the ban began, but many said they were able to get around the age checks easily by uploading credit card details, photo IDs or a selfie.
Australia has banned social media for children under 16.