Reddit and the Digital Freedom Project argued before Australia's High Court on Tuesday that the country's social media ban for children under 16 is unconstitutional, in the first major legal test of the law.
The hearing in Canberra is scheduled for Tuesday and Wednesday. The case largely turns on whether barring under-16s from holding accounts unlawfully burdens the implied freedom of political communication in Australian law. Australia has no guaranteed right to free speech.
Ten platforms (Facebook, Instagram, TikTok, YouTube, Reddit, Snapchat, X, Kick, Threads and Twitch) must take reasonable steps to keep users under 16 off their sites. The ban took effect on Dec. 10, 2025. Platforms face fines of up to A$99 million for serious or repeated breaches, and none has been fined so far.
Reddit's lawyer, Perry Herzfeld, told the court the law was "ill thought out", contradicted the advice of Australia's online safety commissioner and was rushed through without genuine public consultation. He said people had only 24 hours to make submissions.
In its written submission, Reddit said online platforms are a common source of news and political information in Australia. It said teenagers would be unable to post or comment on political content or engage with the accounts of political party youth wings. It also argued the ban has had limited effectiveness and that young people using platforms without accounts lose in-built safety protections.
"As we challenge this law in court, we'll continue to comply with it and advocate for more effective youth safety measures," said Adam Collins, Reddit's chief communications officer.
The Digital Freedom Project, led by New South Wales Libertarian MP John Ruddick, made similar arguments. Ruddick told reporters outside court the policy amounted to censorship.
Government lawyer Joanna Davidson began outlining why the government believes social media harms children, and is due to continue on Wednesday. The government says the law reduces risks from features such as algorithms, infinite scroll, persistent notifications and likes.
Communications Minister Anika Wells, speaking outside the court, said the case is about defending an Australian child's right to be free from harm. The government has also challenged the Digital Freedom Project's standing, saying the group has not identified any of its activity that the ban impedes. The group says some of its members are aged 13 to 15.
Two teenagers, Noah Jones and Macy Neyland (spelled Macey Nyland in some reports), were initially lead plaintiffs but withdrew. The Guardian reported the withdrawals came in July. Jones attended the hearing and said children deserve to have their voices heard.
Prime Minister Anthony Albanese has said more than five million accounts across the 10 services have been suspended. The federal opposition has raised concerns that the figure may be inflated, and the government has not released a breakdown by platform. Meta said it closed about half a million accounts in the first few days.
The eSafety Commissioner has opened investigations into possible non-compliance by Facebook, Instagram, Snapchat, TikTok and YouTube. Al Jazeera reported it was unclear how long the court would take to decide.
Comments (0)
Please log in to comment.
No comments yet.