Australia’s landmark policy banning social media for children under 16 is facing its most significant legal test yet. During a hearing at the High Court in Canberra on Tuesday, lawyers for Reddit and a digital rights group argued that the law is unconstitutional and violates the implied freedom of political communication.
Constitutional arguments and free speech
Perry Herzfeld, representing Reddit, told the full bench that the legislation was “ill thought out” and rushed through without proper public consultation. He noted that the government allowed only 24 hours for submissions on the reforms, a timeframe he described as insufficient for meaningful debate.
Herzfeld argued that the ban restricts young people from accessing what is now the most important means of communication in the modern world. He contended that this restriction breaches the freedom of political expression implied in the Australian Constitution. The Digital Freedom Project, which filed the initial challenge, is led by New South Wales parliamentarian John Ruddick, who has characterized the policy as a form of censorship.
Two teenagers, Noah Jones and Macy Neyland, originally spearheaded the legal challenge. However, both have since withdrawn as plaintiffs. Jones told reporters outside the court that children deserve to have their voices heard, stating, “If the children aren’t collaborating and sharing their own views, then they’re just spectators in their own world,” according to Nine newspapers.
Government defense and platform compliance
Government lawyer Joanna Davidson SC began outlining the state’s case, arguing that social media poses genuine harms to children. She continued her presentation on Wednesday, emphasizing the government’s duty to protect minors from harmful content.
Communications Minister Anika Wells defended the policy outside the court, describing the balance between safety and platform responsibility as “the most compelling policy question of our time.” She stated, “We are here to defend a fundamental tenet of Australian democracy, which is an Australian’s right, and particularly an Australian child’s right, to be free from harm.”p>
Under the ban, ten major platforms including Facebook, Instagram, TikTok, YouTube, Reddit, Snapchat, X, Kick, Threads, and Twitch must take reasonable steps to prevent users under 16 from accessing their services. Non-compliance can result in fines of up to A$99 million for serious or repeated breaches. Since the ban took effect on December 10, no company has been fined, though the eSafety Commissioner has launched investigations into several platforms for alleged non-compliance.
Reddit’s chief communications officer, Adam Collins, said the company shares the goal of protecting young people online but believes there are more effective methods than a total ban. “As we challenge this law in court, we’ll continue to comply with it and advocate for more effective youth safety measures,” Collins said.
The law excludes messaging apps like WhatsApp, online gaming platforms such as Roblox and Discord, and educational tools like YouTube Kids and Google Classroom. In the first few days of enforcement, Meta reported closing approximately half a million accounts. Many users have reported being able to bypass age verification checks, which often required uploading credit card details or photo IDs.
Source: BBC
